i · pdf file(hereinafter "mdoc") and paid for by the state. (see exhibit...

IN THE CIRCUIT COURT FOR THE FIRST JUDICIAL DIST OF HINDS COUNTY, MISSISSIPPI

JIM HOOD, ATTORNEY GENERAL OF THE STATE OF MISSISSIPPI, ex rei. THE STATE OF MISSISSIPPI,

Plaintiff,

v.

BRANAN MEDICAL CORPORATION; DRUG TESTING CORPORATION; CHRISTOPHER B. EPPS; CECIL MCCRORY; MARK LONGORIA and DEFENDANT DOES 1 through 5,

Defendants.

CIVIL ACTION NO.: I ( - <? l

COMPLAINT

COMES NOW, the Plaintiff, Jim Hood, Attorney General of the State of Mississ ppi, ex rei. the

State of Mississippi (hereinafter the "State" or "Plaintiff') and brings this cause o action against

Branan Medical Corporation (hereinafter "Branan"); Drug Testing Corporati n (hereinafter

"DTC"); Christopher B. Epps; Cecil McCrory; Mark Longoria and Defendant D es 1 through 5

(collectively "Defendants"), and alleges as follows:

INTRODUCTION

1. This action arises from one of the largest and longest-running cri inal and civil

conspiracies in Mississippi government history. For approximately seven ears, multiple

individuals and business entities, including one high-ranking government official were involved

in a conspiracy, scheme and/or enterprise (hereinafter "conspiracy") that in luded bribery,

kickbacks, misrepresentations, fraud, concealment, money laundering and ther wrongful

conduct-all with the intent to defraud and deprive the State of hundreds of milli ns of dollars in

proceeds from public contracts awarded by the Mississippi Department f Corrections

Case: 25CI1:17-cv-00087-JAW Document #: 1 Filed: 02/08/2017 of 87

(hereinafter "MDOC") and paid for by the State. (See Exhibit "A" - indictment fo United States

vs. Christopher B. Epps and Cecil McCrory; Exhibit "B" - indictment for United fates vs. Carl

Reddix; Exhibit "C" - information for United States vs. Sam Waggoner; Exhibit " " - indictment

for United States vs. Irb Benjamin; Exhibit "E" - information for United S tes vs. Mark

Longoria; Exhibit "F" - indictment for United States vs. Teresa Malone; xhibit "G" -

indictment for United States vs. Guy E. "Butch" Evans; Exhibit "H" - informa ion for United

States vs. Robert Simmons; and Exhibit I - indictment for United States vs. Willia

2. During this time, several corporate entities, including Defend s Branan and

DTC, sellers of "drugs-of-abuse" testing products, paid millions of dollar in so-called

"consulting fees" to Defendant Cecil McCrory, and through McCrory these fee were used to

pay bribes and kickbacks to then-MDOC Commissioner Christopher B. Epps. B cause of these

bribes and kickbacks, Commissioner Epps awarded, directed and/or extended p blic contracts,

paid for by the State, to Defendants Branan and DTC.

3. Mark Longoria, who pleaded guilty to participating in the consp racy described

herein, testified that "every company out there that did business with the state of Mississippi]

hired Cecil McCrory as a consultant." He added: "I knew they had to hav some type of

connections to be able to get all this done. [N]o other states that I work in con ucted business

that way." (See Exhibit "J" at pp. 52- 53). In fact, these connections were so sp cial that "Epps

told McCrory that McCrory could get anything he wanted in the future from DOC through

Epps." (See Exhibit "A" at~ 24).

4. This action seeks compensatory damages, punitive damages, civil penalties,

disgorgement of all ill-gotten funds, gains and profits, restitution, and all other a propriate relief

on behalf of the State, which bore the cost and suffered significant losses as a result of

2


Defendants' conspiratorial scheme. Defendants' actions restrained or restricted tr de; artificially

fixed, raised and stabilized prices and denied free and open competition. Ac ordingly, this

action seeks all forms of relief available for each violation under applicable law.

5. Attorney General Jim Hood brings this action on behalf of t e State in its

proprietary capacity, and on behalf of local governmental entities within the St te, pursuant to

the Attorney General's authority under Miss. Code§§ 7-5-1, 75-21-1 et seq., 97- 3-1 et seq. and

25-4-105. The State brings this action exclusively under the laws of Mississi pi, and to the

extent any claim or factual assertion herein may be construed as stating a federal

disavows that claim. The claims asserted are brought solely by the State and are ndependent of

any claims that individual citizens may have against Defendants. Accordingly, y attempt by

Defendants to remove this case to federal court would be without a basis in fact or law.

PARTIES

6. The foregoing paragraphs are incorporated here by reference, as if et forth in full.

7. Plaintiff, the State of Mississippi, is a body politic created by the onstitution and

laws of the State; as such, it is not a citizen of any state. Jim Hood is the Stat 's duly-elected

Attorney General. The Attorney General brings this action on the State's behalf, ursuant to the

authority granted to his office by Miss. Const. art. 6, § 173 (1890) and by Miss. C de § 7-5-1.

8. Defendant Christopher B. Epps was the Commissioner of

relevant times in this action and is a resident citizen of Rankin County, MS.

federal custody and awaits sentencing in 2017.

9. Defendant Cecil McCrory is a former state representative and res dent citizen of

Rankin County, MS, whose physical address is 1350 Star Road, Brandon, S 39043. He

currently remains free on a federal bond and awaits sentencing in 2017.

3


10. Defendant Mark Longoria is a businessman and resident citizen o Houston, TX,

whose physical address is 11519 Ocotillo Drive, Houston, TX 77095. He current y remains free

on a federal bond and awaits sentencing in 2017.

11. Defendant Branan is a Nevada corporation, with its principal pl ce of business

located at 140 Technology Drive, Suite # 400, Irvine, CA 92618. Branan is a wholly owned

subsidiary of Alere, Inc. Service can be made to C.T. Corporation System at 645 Lakeland East

Drive, Suite 101, Flowood, MS 39232

12. Defendant DTC is a Texas corporation, with its principal pla e of business

located at 10528 Tanner Road, Houston, TX 77041. Service can be made to L. . Clinton, III at

Post Office Box 841396, Houston, TX 77284.

13. Defendant Does 1 through 5 are individuals, corporations, 1 mited liability

companies, partnerships or other entities that participated in the conspiracy. T e identities of

these Defendants are unknown to the State until adequate discovery is allowed.

JURISDICTION AND VENUE


15. This Court has jurisdiction over the subject matter of this action p suant to Miss.

Const. art. 6, § 156 (1890) and Miss. Code§ 9-7-81, because the amount in cont oversy exceeds

$200 and the subject matter is not exclusively cognizable in some other court.

16. This Court has personal jurisdiction over those Defendants w o are resident

citizens of Mississippi and over Branan, DTC and Longoria because they h ve engaged in

systematic and continuous business activity in Mississippi, and because a subs tial amount of

their conspiratorial and unlawful acts occurred in Mississippi and were intended to-and in fact

did--cause substantial harm to the State.

4


17. This Court is the proper venue under Miss. Code § 11-11-3(1) a)(i), because

substantial acts and omissions complained of herein occurred in Hinds Count , Mississippi,

where MDOC's headquarters is located.

FACTS


19. From approximately 2006 through 2014-Defendants Christopher B. Epps, Cecil

McCrory, Mark Longoria, Branan and DTC knowingly and intentionally cons ired to devise

schemes using overt acts such as bribery, kickbacks, unfair and deceptive ade practices,

misrepresentations, fraud, concealment, money laundering and other wrongful c nduct, all with

the intended purpose, and effect, of defrauding the State of approximately $3,500, 00.

20. In essence, the scheme worked like this: then-Commissioner Epp , McCrory and

Longoria had a "backroom" relationship or agreement with Branan and DTC. B anan and DTC

paid Defendant McCrory so-called "consulting fees." McCrory then paid a porti n of those fees

as bribes and kickbacks to Epps, in exchange for MDOC awarding approximate! $3,500,000 in

public contracts to Branan and DTC. Defendants Branan and DTC were willfu participants in

the scheme insofar as they knew-had every reason to know or should have own-that the

money they were paying McCrory was being used to pay bribes and kickbacks o Epps for the

purpose of obtaining and retaining public contracts.

Branan's Scheme to Defraud the State

21. Defendant Christopher B. Epps worked for MDOC for 32 ears and was

appointed Commissioner of MDOC in 2002. As Commissioner, Epps was "res onsible for the

management of affairs of the correctional system and for the proper care, tre ment, feeding,

clothing and management of the offenders confined therein." Miss. Code§ 47-5- 3.

5


22. From 2001 until 2013, Defendant Mark Longoria was the Direc r of National

Accounts for Branan, with supervisory responsibility for sales and marketing.

23. In or around 2006, Defendant Branan sought and obtained busines

as it related to public contracts supplying "drugs-of-abuse" testing products for M

24. Then-Commissioner Epps and Defendant McCrory entered into a "backroom"

relationship or agreement with Defendants Branan and Longoria, pursuant to which Branan

would pay so-called "consulting fees" to McCrory, from which McCrory would u e these fees to

pay Commissioner Epps bribes and kickbacks. (See Exhibit "A" at~~ 3 - 9).

25. During this time, then-Commissioner Epps awarded, directed

public contracts, paid for by the State, to Defendant Branan totaling approximate!

26. At all relevant times, Defendants Mark Longoria and Cecil McCr ry were acting

in the course and scope of their employment and/or in furtherance of the inter sts of Branan.

Defendants Longoria and McCrory were actual or apparent agents, acting with ac al or apparent

authority, on behalf of Branan. Therefore, Defendant Branan is liable for the acti ns of Longoria

and McCrory as an employee, statutory employee or agent. Moreover, Defe dants Branan,

Longoria and McCrory pursued a common plan and course of conduct, acted i concert with,

aided and abetted and otherwise conspired with one another, in furtherance o their common

scheme to defraud the State.

27. Defendant Branan knew, or should have known, that the "consulfng fees" it was

paying Defendant McCrory were being used to pay bribes and kickbacks to assure that

Defendant Epps would award public contracts, paid for by the State, to Branan.

6


DTC's Scheme to Defraud the State

28. In are around 2013, Defendant Mark Longoria resigned from Br and formed

DTC, where he was the Chief Executive Officer. Like Branan, Defendant D C sought and

obtained business from the State as it related to public contracts supplying "

testing products for MDOC inmates. (See Exhibit "E" at~~ 3- 4).

29. In August of 2013, in order to facilitate the procurement of 1 crative public

contracts with MDOC, Defendant Longoria entered into a "commission ag eement" with

Investigative Research, Inc., a company owned by Defendant Cecil McCro . Defendants

Longoria, McCrory and Epps understood, and agreed, that a portion of these 'commissions"

would be used to pay bribes and kickbacks to Epps for awarding these publ c contracts to

Defendant DTC. (See Exhibit "E" at ~~ 5 & 11 - 15).

30. On or about August 20, 2013, MDOC awarded DTC a contract o sell MDOC

drug testing cups for which the State paid $632,336.25. After receiving payment om the State,

DTC remitted a check to Investigative Research, Inc., for $194,837.50. (See Exh bit "E" at~~ 6

- 7).

31. On or about May 20,2014, DTC invoiced MDOC for a second set of drug testing

cups for which the State paid $149,940.00. After receiving payment from t e State, DTC

remitted a check to Investigative Research, Inc., for $34,997.64. (See Exhibit "E" at~~ 8 - 9).

32. Based on the "backroom" agreement entered into by then-Co issioner Epps

and McCrory with Defendants DTC and Longoria, once these so-called "co issions" were

paid to McCrory, Defendant McCrory used these "commissions" to pay Defend Epps $60,000

in bribes and kickbacks. (See Exhibit "E" at ~~ 11 - 12).

7


33. During this time, then-Commissioner Epps awarded, directed

public contracts, paid for by the State, to Defendant DTC totaling approximately$ 82,276.25.

34. At all relevant times, Defendants. Mark Longoria and Cecil McCr ry were acting

in the course and scope of their employment and/or in furtherance of the int rests of DTC.

Defendants Longoria and McCrory were actual or apparent agents, acting with ac al or apparent

authority, on behalf ofDTC. Therefore, Defendant DTC is liable for the actions o Longoria and

McCrory as an employee, statutory employee or agent. Moreover, Defendants TC, Longoria

and McCrory pursued a common plan and course of conduct, acted in concert ith, aided and

abetted and otherwise conspired with one another, in furtherance of their co on scheme to

defraud the State.

35. Defendant DTC knew, or should have known, that the "comm ssions" it was

paying Defendant McCrory were being used to pay bribes and kickbacks o assure that

Defendant Epps would award public contracts, paid for by the State, to DTC.

Criminal Charges and Guilty Pleas

36. Epps resigned as Commissioner of MDOC on November 5, 201 , and the next

day he was indicted on federal charges for participating in the conspiracy descri ed herein. He

pleaded guilty on February 4, 2015. (See Exhibit "K" - Plea Agreement for U ited States vs.

Christopher B. Epps).

37. Like Defendant Epps, Defendant McCrory was indicted Novem er 6, 2014, on

federal charges for participating in the conspiracy described herein. He, too, pl aded guilty on

February 4, 2015. (See Exhibit "L"- Plea Agreement for United States vs. Cecil cCrory).

38. Defendant Longoria was charged by information on July 25, 2 16, on federal

charges for participating in the conspiracy described herein. He, too, pleaded guil on August 3,

2016. (See Exhibit "M"- Plea Agreement for United States vs. Mark Longoria).

8


Mississippi's Competitive Bidding Requirements

3 9. Miss. Code § 31-7-13 sets forth the mandatory bidding require

purchases of $50,000 or more. It sets out broadly what purchases require comp titive bidding

and narrowly what purchases are exceptions to that requirement. oses of the

Mississippi system of "competitive bidding" are to obtain the lowest price, to create a level

playing field for suppliers, and above all, to frustrate corrupt conspiracies.

40. Contrary to Miss. Code § 31-7-13, Defendant Epps, as

Defendants Branan and DTC, made findings that exceptions to the "comp titive bidding

requirement" were applicable to some or all of the contracts described herein, wh n in fact, there

were no circumstances justifying the award of "no-bid" contracts. In fact, m tiple qualified

contractors would have been available to perform all of the services for whic the "no-bid"

contracts were awarded.

41. The market for "drugs-of-abuse" testing products is competitive and there are

many participants. In truly competitive markets, Branan and DTC would have ad to compete

with many potential rivals for the Mississippi contracts.

42. As bribes to facilitate the award of the "drugs-of-abuse" te contracts,

Defendants Branan and DTC agreed to pay bribes and kickbacks to McCrory and

Proceeds Derived from Defendants' Conduct

43. Defendants' conspiratorial scheme was successful. Between 2

Defendants Branan and DTC received approximately $3,500,000 in procee s from public

contracts paid for by the State.

44. Defendants knew, or should have known, that they were p in a

conspiracy to defraud the State, through the payment of "consulting fees" or "co issions" that

9


were being used to pay bribes and kickbacks to a State official in exchange for p blic contracts,

awarded by MDOC, and paid for by the State.

45. Moreover, by retaining Cecil McCrory as an agent to obtain t ese contracts,

Defendants Branan and DTC are liable not only for their own wrongful actions, ut also for the

wrongful actions of their agent, McCrory.

CLAIMS FOR RELIEF

COUNT I VIOLATIONS OF MISS. CODE§ 25-4-105

46. The foregoing paragraphs are incorporated here by reference, as if t forth in full.

4 7. At all relevant times, Defendant Epps was a "public servant" with n the meaning

ofMiss. Code§ 25-4-103(p)(i).

48. Defendant Epps, while a public servant, "use[ d] his official positi n to obtain, or

attempt to obtain, pecuniary benefit for himself other than that compensation p ovided for by

law," in violation of Miss. Code§ 25-4-105(1).

49. Defendant Epps, while a public servant, was "interested, directl or indirectly,

during the term for which he shall have been chosen ... in [several] contract[s] th the [S]tate,"

in violation of Miss. Code § 25-4-1 05(2).

50. Defendant Epps, while a public servant, performed services for 'compensation

during his term of office or employment by which he attempt[ ed] to influence de ision[ s] of the

authority of the governmental entity of which he [wa]s a member," in violation o Miss. Code§

25-4-105(3)(d).

51. Pursuant to Miss. Code § 25-4-113, the Attorney General is entitl d to bring this

action "against the public servant or other person or business violating the pr visions of this

article for recovery of damages suffered as a result of such violations."

10


52. The Attorney General brings this action against Defendants E ps, McCrory,

Longoria, Branan and DTC pursuant to Miss. Code §§ 25-4-105 and 25-4-113 and demands

recovery of all money paid by the State as a result of the aforesaid misconduct.

53. Miss. Code § 25-4-113, provides that the State is entitled to a dec aration by this

Court that all pecuniary benefits "received by" Defendant Epps, or "given by" E ps to the other

Defendants, irrespective of actual damages, "shall be declared forfeited by a ircuit court of

competent jurisdiction for the benefit of the governmental entity injured." The State demands

under said law, the forfeiture to the State of all money paid to Epps as alleged erein, and the

forfeiture to the State of all money (approximately $3,500,000) paid by the Stat to Defendants

Branan and DTC.

54. Pursuant to Miss. Code § 25-4-113, the State, at the discretion of he Court, may

also be awarded costs of court and reasonable attorneys' fees, and the State dem ds such costs

and fees from Defendants.

COUNT II VIOLATIONS OF RACKETEER INFLUENCED

AND CORRUPT ORGANIZATION ACT


56. At all relevant times, Defendants were or are an enterprise within the meaning of

Miss. Code§ 97-43-3(c).

57. Beginning in 2006 and continuing through 2014, the exact dat s being as yet

unknown, Defendants associated together to establish a criminal partnership wi h the common

goal of trading cash for State contracts. Defendants accomplished this goal thro gh a pattern of

racketeering activity, in violation ofMiss. Code§ 97-43-1 et seq.

11


58. Defendants conspired to commit and then actually committed a pattern of

racketeering activity-a series of crimes including, but not necessarily limited , commercial

bribery in violation of Miss. Code § 97-9-1 0 and bribery to conceal offenses in vi lation of Miss.

Code § 97-9-9, with the intended purpose of compelling the State to pay approximately

$3,500,000 to Branan and DTC. Predicate offenses include, but are not necess 'ly limited to,

(1) each periodic payment made by Defendants Branan and/or DTC to Defe dant McCrory

and/or to persons or entities affiliated with McCrory, and (2) each transfer of nds made by

McCrory to or for the benefit of Defendant Epps. Through their pattern of racket ering activity,

Defendants directly and indirectly conducted and participated in the affairs f MDOC and

acquired and maintained an interest in, and control of, MDOC. Acting with crimi al intent, they

also used the proceeds derived from this pattern of racketeering activity in t operation of

MDOC.

59. As a direct and proximate result of Defendants' conduct, the tate has been

harmed and has suffered damages. Also pursuant to § 97-43-9(2), the Stat is entitled to

forfeiture by the Defendants of all property "derived from, or realized throu h, conduct in

violation" of Miss. Code § 97-43-1 et seq. The State demands judgment for all such damages

and demands the forfeiture of approximately $3,500,000 wrongly paid to Branan

State.

COUNT III VIOLATIONS OF THE MISSISSIPPI ANTITRUST ACT


61. The Defendants' actions violated provisions of Mississippi law go erning "Trusts

and Combines in Restraint or Hindrance of Trade," or the Mississippi Antitrust ct (Miss. Code

§ 75-21-1 et seq.).

12


62. As described herein, Defendants entered into a continui agreement,

understanding or conspiracy to restrain trade and to artificially fix, raise and stab lize prices for

various goods and services sold to the State.

63. The Defendants' anticompetitive conduct prevented competitiv bidding, and

thus, precluded competition on price and quality in the "drugs-of-abuse" testing

vendors would have been available to compete for the above-referenced contract . Branan and

DTC's payments of bribes and kickbacks to Epps and McCrory also caused Bran and DTC to

incur higher costs, which were passed on to the State. Branan and DTC's conduct hus prevented

the State from obtaining a competitive market price for the services it purchased raising prices

above competitive levels, as described herein.

64. But for the Defendants' anticompetitive acts, the State would ha e been able to

purchase these services at lower prices or at legal and competitive prices.

65. The State is entitled to damages pursuant to Miss. Code§ 75-21-9 d to penalties

pursuant to Miss. Code§§ 75-21-7, 75-21-9 and 75-21-15.

66. Defendants' unlawful and unfair business practices have therefl re caused the

State to pay supra-competitive and artificially-inflated prices for services, and each purchase

constitutes a violation of the Mississippi Antitrust Act, for which damages the State demands

payment from Defendants.

COUNT IV VIOLATIONS OF MISS. CODE§ 31-7-13- BIDDING REQUIRE NTS

67. The foregoing paragraphs are incorporated here by reference, as if

68. Defendants' "no-bid" contracts violated Mississippi's system of op n bidding.

69. Miss. Code § 31-7-13 sets forth the mandatory bidding require ents for State

purchases of $50,000 or more. It sets out broadly what purchases require com etitive bidding

13


and narrowly what purchases are exceptions to that requirement. The p oses of the

Mississippi system of "competitive bidding" are to obtain the lowest price, to create a level

playing field for suppliers, and above all, to frustrate corrupt conspiracies.

70. As set forth herein, Defendants' conduct caused the State to enter into wrongful

"no-bid" and/or "sole source" contracts. Defendants used untrue and fabricated ci cumstances as

justification for using wrongful "no-bid" contracts.

71. Defendants succeeded in their wrongful "no-bid" contracting, co ting the State

large sums in overpayment. Defendants derived, directly or indirectly, the fruit of that effort.

Therefore, the State demands a return of all profits and reimbursement of all e cess costs, for

which the Defendants were responsible through their wrongful actions.

COUNTV BREACH OF FIDUCIARY DUTY AND AIDING

AND ABETTING BREACH OF FIDUCIARY DUTY


73. Defendant Epps, at all times pertinent hereto, owed fiduciary dutie of, inter alia,

care and loyalty, to the State.

74. Defendant Epps breached those fiduciary duties by accepti g bribes and

kickbacks from persons and/or entities seeking public contracts or through t eir agents, by

causing public contracts to be awarded to such entities and by causing public ontracts to be

awarded without following procedures required by law.

75. The Defendants (other than Epps), at all pertinent times, had kno ledge ofEpps'

fiduciary duties to the State and provided substantial assistance to Epps that llowed him to

breach his fiduciary duties to the State.

14


91. Defendants have enriched themselves unjustly at the State's expens , by engaging

in the acts and practices described herein. Therefore, the State demands disgorge ent of all ill

gotten funds, gains and profits received by Defendants as a result of their actions.

DAMAGES AND OTHER RELIEF SOUGHT

92. The foregoing paragraphs are incorporated here by reference, as if t forth in full.

93. As a result of Defendants' aforesaid misconduct, the State seeks ecovery of all

available damages, including-but not limited to-compensatory, punitive and ex mplary.

94. Because Defendants' conduct constitutes willful, egregious, reckl ss, fraudulent

and wrongful acts against the State, the State seeks punitive damages under Miss Code § 11-1-

65, in an amount that is appropriate and necessary.

95. The State seeks forfeiture of all money received by Defend ts, directly or

indirectly, through the conduct alleged herein.

96. The State seeks rescission of all illegally awarded contracts and/or orfeiture of all

pecuniary benefits received by Defendants, or otherwise realized by them, directl or indirectly,

through the conduct alleged herein, including but not limited to, all money paid b the State from

all public contracts.

97. The State seeks restitution of all illegally obtained or ill-gotten nds and gains

paid by the State to Defendants.

98. The State seeks pre-judgment interest, post-judgment interest,

court costs, investigative costs, expert-witness fees, deposition fees and any o er expenses or

damages which this Court deems proper.

99. The State reserves the right to amend this complaint to allege furth r damages.

17


RIGHT TO AMEND PURSUANT TO MISS. R. CIV. P. 15

100. Under Rule 15 of the Mississippi Rules of Civil Procedure, the Sta e reserves the

right to name additional defendants should later facts establish that others are liabl .

JURY TRIAL DEMAND

101. The State demands a jury trial.

PRAYER

Given the above, the State requests that upon final trial hereof, the State be entitled to

recover from Defendants all the relief that is sought-including but not limited to, ompensatory,

punitive and exemplary damages, forfeiture, disgorgement of all ill-gotten funds, ivil penalties,

pre- and post-judgment interest, attorneys' fees, court costs, investigative costs, ex ert-witness

fees, deposition fees and any other expenses or damages which this Court deems p oper.

Respectfully submitted, thi~ the ~ day of \-~~'\Jttfl

JIM HOOD, ATTORNEY GENE L OF THE STATE OF MISSISSIPP rei. THE STATE OF MISSISSIPP

By:__L../..!...._~~~~~~~....:::!!:!4----George W. Neville, Esq. (MSB # 382 ) Geoffrey Morgan, Esq. (MSB # 3474 S. Martin Millette, III, Esq. (MSB # 102416) Jacqueline H. Ray, Esq. (MSB # 100 69) OFFICE OF THE ATTORNEY G NERAL Post Office Box 220 Jackson, Mississippi 39205-0220 Tel: (601) 359-3680 I Fax: (601) 359 2003 Email: [email protected] Email: [email protected] Email: [email protected] Email: [email protected]

18


Case 3:14-cr-00111-HTW-FKB Document 3 Filed 08/05/14 Page of 21

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI

NORTHERN DIVISION

UNITED STATES OF AMERICA

v.

The Grand Jury charges:

At all times relevant to this indictment:

CRIMINAL NOJ,f. (1/ I I I /lfltJ.rl{fj

18 U.S.C. § 1349 18 U.S.C. § 666(a)(l) 18 U.S.C. § 666(aX2) 18 u.s.c. § 1956(h) 18 U.S.C. § 1346 31 U.S.C. § 5324(a)(3 18 U.S.C. § 1956(a)(1 (B)(i) 26 u.s.c. § 7206(2)

1. The Mississippi Department of Corrections ("MDOC") was a state government

agency as that term is defined in Section 666(d), Title 18, United.States Code, an· which

received benefits in excess of $10,000 annually between 2007 and 2014 under F

providing Federal assistance to the MDOC.

2. Defendant CHRISTOPHER B. EPPS was the Commissioner of e Mississippi

Department of Corrections and as such was an agent of the MDOC, as that term i defined in

Section 666( d), Title 18, United States Code.

3.

Mississippi, who owned compani~s that contracted, signed leases or otherwise di

MDOC, including but not limited to Correctional Communications, Inc.; College treet Leasing,

LLC; American Transition Services, LLC; and G.T. Enterprises of Mississippi, In .

Page 1 of21

EXHIBIT

I A


Case 3:14-cr-00111-HTW-FKB Document 3 Filed 08/05/14 Page 2 of 21

MCCRORY was also paid consulting fees by other companies seeking or recei · contracts

with MDOC or for work completed for MDOC, including but not limited to Com l Corrections,

Inc.; The GEO Group, Inc.; Management & Training Corporation; Centric Group,

Keefe Commissary Network, LLC; Aclminpros, LLC; Wexford Health Sources, In .; Bantry

Group; and Branan Medical.

COUNT1

4. The allegations contained in paragraphs 1 through 3 of this indictm nt are

realleged and incorporated by reference as though fully set forth herein.

5. From in or about 2007 through in or about March 12, 2014, in Hin and Rankin

County in the Northern Division of the Southern District of Mississippi, and else here, the

defendants, CHRISTOPHER B. EPPS and CECIL MCCRORY, did knowingl and

intentionally combine, conspire, confederate, and agree with each other, to co one or more

of the following offense: to devise and intend to devise a scheme and artifice to

Mississippi. Department of Corrections and the State of Mississippi and its ci ·

intangible right to CHRISTOPHER B. EPPS's honest services, through bribes d kickbacks,

by use of interstate wire transmissions, in violation of Sections 1343 and 1346, T e 18, United

States Code.

6. It was the object of the conspiracy that defendant, CECIL MCC ORY, would

bribe or provide kickbacks to CHRISTOPHER B. EPPS, Commissioner of the · ssissippi

Department of Corrections, in exchange for the awarding of MDOC contracts, 1 es, or work to

companies owned by MCCRORY or to companies seeking contracts or provi ·

Page 2 of21



:MDOC who had agreed to pay, were paying or already had paid MCCRORY as a consultant.

7. It was part of the conspiracy that companies owned by defendant CRORY

would be awarded contracts, leases or other work from MDOC.

8. It was also part of the conspiracy that defendant EPPS, in his positi n as

Commissioner of the Mississippi Department of Corrections, would steer and dir t such

contracts to defendant MCCRORY's companies, sometimes recommending to th

State Personnel Board that companies owned by or associated with MCCRORY

contracts by MDOC on a no-bid or sole source procurement basis.

9. It was further part of the conspiracy that defendant MCCRORY s

defendant EPPS, either in cash, through checks made payable to financial instituti ns holding the

mortgage for EPPS's home, or through wire transfers to financial institutions hol · g loans for

EPPS or to investment accounts owned by EPPS, in return for EPPS's assistance in ensuring

MDOC awarded or renewed contracts and leases to companies owned by MCCR

companies which had hired MCCRORY as a consultant.

10. It was further part of the conspiracy that, in order to keep their rel

financial arrangement confidential, defendant EPPS would store cash bribe paym ts received

from defendant MCCRORY in EPPS's safe at home, wherein EPPS would later structure the

' deposits of such cash into EPPS's various bank accounts or purchase cashier's c

amounts not greater than $10,000.

In furtherance of the conspiracy and to carry out its· objectives, the folio

others, were committed:

Page 3 of21



11. On or about November 2, 2007, defendant EPPS signed a no-bid

awarded to G.T. Enterprises~ a company owned by defendant MCCRORY, for co "ssary

services at state prisons and private facilities which housed state inmates ..

12. In or about 2007, defendant EPPS solicited money from defendant

exchange for the contract that defendant MCCRORY's company had with MDO

13. In or about 2007, defendant MCCRORY paid defendant EPPS m

payments in the arilount of$3,000 to $4,000 on approximately fifteen occasions fi r the MDOC

contract that had been awarded to defendant MCCRORY's company.

14. In or about March 2008, defendant EPPS approved the assignmen of the MDOC

contract held by defendant MCCRORY's company, G.T. Enterprises, to another mpany, the

Centric Group, doing business as Keefe Commissary, LLC, resulting iii a large pr fit for

MCCRORY.

15. Shortly thereafter, defendant EPPS solicited defendant MCCRO

EPPS's home mortgage.

16. On July 25, 2008, defendant MCCRORY purchased a cashier's c eck in the

amount of $100,000 from his persoDal bank account at Community Bank, and

made payable and sent to Countrywide Bank, which held the mortgage for defen

home, with such check being applied to the mortgage for defendant EPPS's hom

Mississippi.

17. On October 2, 2008, defendant MCCRORY purchased a second

in the amount of $100,000 from his personal bank account at Community Bank,

Page 4 of21



check made payable and sent to Countrywide Bank, which held the mortgage for d fendant

EPPS's home, with such check being applied to the mortgage for defendant EPPS s home in

Flowood,. Mississippi.

18. On October 24,2008, defendant EPPS signed a contract awarded b

Adminpros, LLC, which was a company that later paid defendant MCCROY.

19. On or about December 9, 2008, defendant EPPS signed a lease be

and College Street Leasing, a company owned by defendant MCCRORY, for the of land and

facilities upon which to operate a new inmate transition facility for males in Waln t Grove,

Mississippi.

20. On January 5, 2009, defendant MCCRORY purchased a third cas "er's check

from his personal bank account at Community Bank in the amount of $50,000 an made payable

to Countlyw:ide Bank, which held the mortgage for defendant EPPS's home, with such check

being applied to the mortgage for defendant EPPS's home in Flowood, Mississip i.

21. On April2, 2009, defendants EPPS and MCCRORY signed a 1 e between

MDOC and College Street Leasing, a company owned by defendant MCCROR

land and facilities upon which to operate an inmate transition facility for females

Grove, Mississippi.

22. OnJuly16, 2009, defendants EPPS and MCCRORY signed a co tract awarded

by MDOC to American Transition Services, a company owned by defendant MC ORY, to

operate and manage the men's facility at the Walnut Grove Transition Center.

23. On July 28,2009, defendant MCCRORY purchased a fourth cas ·er's check at

Page 5 of21


Case 3:14-cr-00111-HTW-FKB Document3 Filed 08/05/14 Page of 21

. Community Bank in the amount $101,309.81, made payable to "BAC [Bank of

Loan Servicing, LP", which had succeeded Countrywide Bank in servicing defen

home mortgage, with such check being applied to and finally paying off the mortg

defendant EPPS's home in Flowood, Mississippi.

.24. A short time later, after defendant EPPS's home had been compte

defendant MCCRORY, EPPS told MCCRORY that MCCRORY could get an . he

wanted in the future from MDOC through EPPS.

25. On July 30, 2009, Epps deposited (1) $9,000 cash at the Regions b

Flowood, Mississippi at 2:16p.m.; (2) $9,000 cash at the BankPlus in Flowood,

2:31 p.m.; (3) $9,000 cash at the Regions bank branch in Jackson, Mississippi at

(4) $9,000 cash at the Mississippi Public Employees Credit Union ("MSPECU'') ·

Mississippi, the latter of which was used to pmchase a $9,000 official check whic

payable to EPPS's Edward Jones investment account.

26. On August 15, 2009, defendants EPPS and MCCRORY signed a

a\Varded by MDOC to American Transition Services, a company owned by.defen

MCCRORY, to operate and manage the womep.'s facility at the Walnut Grove T

Center.

27. On July 29,2010, defendant EPPS signed a contract awarded by

Adminpros, LLC, which was a company that paid defendant MCCRORY.

28. On January 24,2011, defendant EPPS signed a contract awarded y MDOC to


Page 6 of21



29. On July 29, 2011, defendant EPPS signed a contract awarded by OCto


30. In or about July 2012, defendant EPPS signed a contract awarded MDOC to


31. In August 2012, defendant EPPS signed a "contract awarded by

Management & Training Corporation, which was a company that paid defendant

32. On August 21,2012, defendant MCCRORY wired $34,000 from ·s business

account at Merchant & Farmers Bank directly to Wells Fargo Home Mortgage, w · ch held the

loan for defendant EPPS's condominium in Biloxi, Mississippi, with such money being used to

pay down EPPS's Biloxi condominium loan.

33. On September 14,2012, defendant EPPS signed a contract award by MDOC to

Management & Tra.min.g-Corporation, which was a company that EPPS had pe

defendant MCCRORY as a consultant and a company with whom EPPS had

negoti~ MCCRORY's consulting fee, telling MCCRORY later, "I got us $1

ed to hire

month," which they ultimately divided _evenly after calculating the taxes that MC ORY would

be responsible for as having received the income.

34. On September 25, 2012, defendant MCCRORY wired $14,000 fr m his business

account at Merchant & Farmers Bank directly to Wells Fargo Home Mortgage,

loan for defendant EPPS's condominium in Biloxi, Mississippi, with such mone

pay down EPPS '.s Biloxi condominium loan.

35. On or about October 18, 2012, defendant EPPS signed a no-bid ntract awarded

Page 7 of2J



by MDOC ~o Management & Training Corporation, which was a company that pai

.MCCRORY.

36. On February 14, 2013, defendant MCCRORY wired $40,000 fro

account at Merchant & Farmers Bank directly to defendant EPPS's. Edward Jones vestment

account ending in x~10, falsely labeling the wire transaction as a consignment e of farm

equipment to conceal and disguise the scheme.

37. On or about July 15, 2013, defendant EPPS signed a no-bid con

MDOC to Management & Training Corporation, which was a company .that paid

MCCRORY.

38. On or about July 17, 2013, defendant EPPS wrote a letter to the

Personnel Board requesting "sole source procurement" for Adminpros, LLC, res g in

Adminpros being awarded a no-bid contract by MDOC later that month.

39. On September 4, 2013, defendant MCCRORY wired $50,000 fro

account at Merchant & Farmers Bank directly to defendant EPPS's Edward Jone

account ending in x-6410.

40. On or about October 8, 2013, defendant EPPS wrote a letter to tb

State Personnel Board stating that Adminpros "is the only vendor that performs edicaid

eligibility services for inmates" and "is the only vendor that can provide the servi as outlined

in the attached contract[,]" resulting in Adminpros being awarded a no-bid con

later that month.

41. Beginning in or about 2010, defendant MCCRORY gave ciefen

Page 8 of21


Case 3:14-cr-00111-HTW-FKB Document 3 Filed 08/05/14 · Page g of 21

bribe payment of several thousand dollars each month emanating from the consul fees that

MCCRORY had earned from companies doing business with MDOC, including,

to, on or about the following dates:

A. November 18, 2013 $8,000 B. December 24, 2013 $8,000 c. Feb 7, 2014 $8000 D. March 6, 2014 $8,000

42. During the time period of the conspiracy, defendant MCCRORY

defendant EPPS or the Internal Revenue Service with a Form I 099 reporting the.· come

provided to EPPS by MCCRORY throughout the time period of the conspiracy.

43. From January 2008 through June 2014, defendant EPPS struc

$900,000.00 in cash either by depositing such cash into his checking accounts or y purchasing

cashier's checks with such cash, almost all such transactions in amounts not grea r than

$10,000.00, in order to avoid the reporting requirements of the financial institutio and to

further conceal the defendants' bribery and kickback scheme.

All in violation of Section 1349, Title 18, United States Code .

. COUNTS 2-13

44. The allegations contained in paragraphs 1 through 44 of this indic ent are


45. That beginning and continuing through in or about the dates listed below, in Hinds

and Rankin County in the Northern Division of the Southern District ofMississi i, the

defendant, CHRISTOPHER B. EPPS, did corruptly solicit and demand for the enefit of any

person, things of value from a person, that is from CECIL MCCRORY, inten · g to be

Page 9 of21


Case 3: 14-cr-00111-HTW-FKB Document 3 Filed 08/05/14 Page 0 of 21

influenced and rewarded in connection with a transaction and series of transaction of the

Mississippi De partment of Corrections involving $5,000 or more:

COUNT DATES BRIBE/KICKBACK AMOUNT

2 AllgUSt 21,2012 $34,000 3 September 25, 2012 $14,000 4 February 14,2013 $40,000· 5 September 4, 2013 $50,000 6 september 24, 2o13 $9,000 7 November 18, 2013 $8,000 8 December 24, 2013 $8,000 9 Feb!U3fY 7, 2014 $8,000 10 March 6, 2014 $8,000. 11 April 9, 2014 $8,000 12 May9, 2014 $8,000 13 June 19, 2014 $18,000

All in V1 ·olation of Section 666(aXl)(B), Title 18, United States Code.

COUNTS 14-22

46. The allegations contained in paragraphs 1 through 45 of this indict:J ent are ln4

realleged and in corporated by reference as though fully set forth herein.

47. That beginning and continuing through in or about the dates listed pe low, in Hinds

and Rankin Co unty in the Northern Division of the Southern District of Mississip )i, the

defendant, CE CIL MCCRORY, did corruptly give, offer, and agree to give a thiJ g of value to

ding to influence and reward CHRISTOPHER B. EPPS, Comm any person inten sioner of the isl

artment of Corrections, in connection with a transaction and serie ~ Mississippi Dep of

transactions of the Mississippi Department of Corrections involving $5,000 or mCJ re

Page 10 of21



COUNT DATES

19 November 18,2013 20 December 24, 2013

22 Much 6, 2014

BRIBE/KICKBACK AMOUNT

$34,000 $14 000 $40,000 $50 000 $9,000 $8,000 $8,000 $8,000 $8,000

All in violation of Section 666(a)(2), Title 18, United States Code.

COUNT23

48. The allegations contained in paragraphs 1 through 47 of this indic

realleged and incorporated by reference as though fully set forth hereia

49. . From in or about 2007 through in or about March 12, 2014, in Hin

County in the Northern Division of the Southern District of Mississippi, and else

defendants, CHRISTOPHER B. EPPS and CECIL MCCRORY, did kno .

conspire, and agree with each other and with other persons known and unknown

Jury to commit offenses against the United States in violation of Title 18, United

Section 1956, to wit: to knowingly conduct and attempt to conduct financial

affecting interstate commerce and foreign commerce, which transactions involv

of specified unlawful activity, that is, bribery and kickbacks, knowing that the

designed in whole or in part to conceal and disguise the nature, location, source,

control of the proceeds of specified unlawful activity, and that while conducting d attempting

to conduct such financial transactions, knew that the property involved in the

Page 11 of21



transactions represented the proceeds of some form of unlawful activity, in violati nofTitle 18,

United States Code, Section 1956(a)(1)(B)(i).

The manner and means used to accomplish the objectives of the consp·

among others, the following:


large bribe payments to the financial institutions that held the mortgage for defen

home in Flowood, Mississippi, with EPPS later using the equity from the pr~~

several

specified unlawful activity to take .out a loan to purchase a condominium in Bilo · Mississippi,

thus concealing and disguising the nature and source of the proceeds from the

activity.


bribes and kickbacks to defendant EPPS, which EPPS would put in his safe at ho e until he was

ready to deposit such cash bribes into his various bank accounts or use such cash

cashier's checks, later structuring such deposits and purchases in order to conceal

the nature and source of these proceeds of this specified unlawful activity.


large bribe payment to defendant EPPS's Edward Jones Investment Account, fro which EPPS

was able to wire money and trade in his Biloxi condominium for a larger, more e

condominium in Pass Christian, Mississippi, thus continuing to conceal and dis · e the nature

and source of the proceeds of the specified unlawful activity.

All in violation of Section 1956(h), Title 18, United States Code.

Page 12 of21



COUNTS 24-27



54. From in or about 2007 through in or about June 24, 2014, in Hinds d Rankin

County in the Northern Division of the Southern District of Mississippi, and else

defendants, CHRISTOPHER B. EPPS and CECIL MCCRORY, and others kn wn and

unknown to the Grand Jury, devised, intended to devise, and participated in a sch e and artifice

to defraud and deprive the citizens of the State of Mississippi, the State ofMississ ppi, and the

Mississippi Department of Corrections of money, property and the intangible righ to the honest

services of defendant EPPS and the concealment of material information.

55. The purpose of the scheme and artifice described in Count 1 was £ r ~efendant

EPPS to secretly use his official position to enrich himself and others by solici ·

gifts, payments, and other things of value from defendant MCCRORY in exc e for favorable

official action and for MCCRORY to enrich himself by secretly obtaining favora le official

action for himself, his companies, and his clients through corrupt means.

The scheme and artifice was carried in the following manner and means, ong others:

56. The defendant EPPS solicited and accepted gifts, payments, and o

value from defendant MCCRORY, as detailed below .

. 57. The defendant EPPS provided favorable official action on behalf

MCCRORY as requested and as opportunities arose, including the directing or a arding of

contracts or leases to companies owned or controlled by defendant MCCRORY r to companies

Page 13 of21



that were paying MCCRORY consulting fees.

58. The defendants EPPS and MCCRORY took steps to hide, con

their activity and the nature and scope of their dealings with each other, including:

A. The wiring of money from one of defendant MCCRORY'

accounts to Wells Fargo Home Mortgage, the financial institution hoi

mortgage for defendant EPPS's condominium in Biloxi, Mississippi.

B. The wiring of money from defendant MCCRORY's Trac

business account to the Edward Jones investment account owned and

defendant EPPS, with MCCRORY falsely labeling the wire transacti n as a

consignment sale of farm equipment and similarly falsely recording tb wire

transaction in the books and records of the Tractor Store, in order to

disguise the scheme.

59. On or about the dates listed below, in Rankin and Hinds County ·

Division of the Southern District of Mississippi, and elsewhere, the defendants,

CHRISTOPHER B. EPPS and CECIL MCCRORY, for the purpose of execu

described scheme and artifice to defraud and deprive, transmitted or caused to be mitted by

means of wire communication in interstate commerce, the following writings, si

sounds:

COUNT AMOUNT PAID FOR THE BENE 24 $34,000.00 25 $14,000.00 26 $40,000.00 27 $50,000.00

Page 14 of21



All in violation of Sections 1343, 1346, and 2, Title 18, United States Cod .

COUNTS 28-41



61. Title31, United States Code, Section 5313 and the regulations pro

thereunder require any financial institution that engages in a currency transaction ( ;g., a deposit

or withdrawal) in excess of $10,000 with a customer to report the transaction to th

of the Treasury by filing a Currency Transaction !teport ("CTR''). These regulatio

that multiple transactions be treated as a single transaction if the financial instituti n has

knowledge that they are by, or on behalf of, the same person, and they result in ei er currency

i-eceived or disbursed by the financial institution totaling more than $10,000 durin

business day.

62. Currency Transaction Reports are often used by law enforcement t

wide variety of illegal activities such as money laundering. Many individuals eng

illegal activities are aware of such reporting requirements and take active steps to e financial

institutions to fail to file CTRs, such as, for example, maldng multiple cash depos ts in amounts

not more than $10,000 on the same day or on consecutive days. These active st

referred to as "structuring." Structuring cash transactions to avoid triggering the

by a finartcial institution is prohibited by Section 5324(a), Title 31, United States

63. Between August 5, 2009 and June 24,2014, the defendant, C

EP·PS, deposited and caused to be deposited cash, or used cash or caused cash to

Page 15 of21


Case 3:14-cr-00111-HTW-FKB Document 3 Filed 08/05/14

purchase cashier's checks, totaling almost $700,000 utilizing four bank accounts

or controlled.

he owned

64. When the deposits were made, EPPS knew of the reporting reauirc~tnent for cash

transactions in excess of$10,000. To avoid having a CTRfiled, EPPS structured

transactions in amounts not greater than $10,000, as set forth below:

65. On or about the dates set forth below, in Rankin and Hinds cotmn~es

Northern Division of the Southern District of Mississippi and elsewhere, the detendant.

CHRISTOPHER B. EPPS, did knowingly and for the purpose of evading the

requirements of Section 5313(a), Title 31, United States Code, and the J.""""·UJ.Q.U.VJ.~

thereunder, structure, assist in structuring, and attempt to structure or assist in

following transactions with domestic financial institutions, and cause·and attempt cause such

institutions to fail to file Currency Transaction Reports required by Section 5313 currency

transactions in excess of $10,000, and did so while violating another law of the

COUNT DATE

28 8/6/09

9:16a.m.

10:15 a.m.

Page 16 of21


41


7/19/13

7/31113 9:07am.

All in violation of Sections 5324(a)(3) and 5324( d), Title 31, United

1010.100,1010.311 and 1010.313, Title31,CodeofFederalRegulations;andSec!:tion2, Title

18, United States Code.

Page 17 of21



COUNT42-43



67. On or about the dates listed below, in Rankin and Hinds County in

Division of the District ofMississjppi, and elsewhere, the defendant, CHRISTOP B.

EPPS, did knowingly conduct and attempt to conduct a financial transaction affec

and foreign commerce, to wit, applying for and securing a loan and co11ducting a

both of which involved the proceeds of a specified unlawful activity, that is bribe

kickbacks from CECIL MCCRORY and others known and unknown to the Gran Jury,

knowing_that the transactions were designed in whole and in part to conceal and · guise, the

nature, location, source, ownership, and control of the proceeds of said specified

activity and that while conducting and attempting to conduct such financial trall.Sa(~

that the property involved in the financial transactions represented the proceeds of Qme form of

unlawful activity, specifically:

COUNT DATE TRANSACTION FINANOAL AMOUNT INSTITUTION

42 November 8, 2011 Mortgage for Biloxi Wells _Fargo $257,000.00 Condominium HomeMo e

43 June 12, 2013 Wire Transfer for Pass Edward Jones $200,000.00 Christian Condominium

All in violation of Sections 1956(aX1)(B)(i) and 2, Title 18, United States ode.

Page 18 of21


Case 3:14-cr:-00111-HTW-FKB Document 3 Filed 08/05/14 Page 9 of 21

COUNTS 44-49

68. That on or about the dates listed below, in Rankin County in the Northern

Division of the Southern District of Mississippi, and elsewhere, the defendant, CHRISTOPHER

B~ EPPS, a resident of Flowood, Mississippi, did willfully aid and assist in, and p1: :x;ure, counsel,

and advise the preparation and presentation to the Internal Revenue Service, of a U S.Individual

Income Tax Retuni, Form 1040, of CHRISTOPHER B. EPPS for the calendar ye~ hereinafter

specified. The subject returns were false and fraudulent as to material matters, in tpat they

represented that total income for EPPS and his wife on Line 22 of each individUal Form 1040

was as stated below, whereas, as the defendant then and there knew, the correct anc actual total

income for EPPS and his wife on Line 22 of each individual Form 1040 during the subject

cal endar years was actually higher as set forth below.

COUNT OFFENSE TAX YEAR TOTAL INCOME ACTl JALTOTAL DATE REPORTED I N'COME

44 March 3, 2009 2008 $205,540.00 $4 05,540.00 45 March 23, 2010 2009 $206,511.00 s~ 57,820.81 46 March 5, 2011 2010 $217,444.00 $~ 49,144.00 47 March 13, 2012 2011 $239,245.00 $~ 76,245.00 48 March 12, 2013 2012 $217,109.00 s~ 30,109.00 49 March 25,2014 2013 $209,901.00 s~ 86,901.00

All in violation of Section 7206(2), Title 26, United States Code.

NOTICE OF INTENT TO SEEK CRIMINAL FORFEITURE

69. As a result of committing the offenses as alleged in this Indictment, the defendants

shall forfeit to the United States all property involved in or traceable to property lnvolved in the

offenses, including but not limited to all proceeds obtained directly or indirectly from the offenses,

and all property used to· facilitate the offenses.

Page 19 of21


Case 3:14-cr-00111-HTW-FKB Document 3 Filed 08/05/14 Page o of 21

70; The grand jury has determined that probable cause exists to believe the following

property is subject to forfeiture as u result of one or more of the offenses alleged in · s indictment:

1) Real property located at 1100 West Beach Boulevard, Unit 304, Harrison County, Mississippi, more particularly described as folio

Unit Number Three Hundred Four (304), PASS MARIANNE CONDOMINIUMS, a condominium according to the official map or plat thereof on file and on record in the office of the Chancery Clerk of the First Judicial District of Harrison County, Mississippi, in Plat Book 50 at page 6 thereof, together with an undivided interest in and to the common elements and appurtenances thereof, as set forth in the Declaration of Condominiums and therefore subject to that certain Declaration of Condominium recorded as Instrument #2007-8014-DJl and corrected and re-recorded as Instrument #2007-8385-D-Jl thereof;

2) Real property located at 511 Shalom Way, Flowood, Rankin Coun , Mississippi more particularly described as:.

LOT 22, LJNEAGE LAKE OF LAKELAND, PART 1 ED, a subdivision according to the map or plat thereof on file and of recor in the office·ofthe Chancery Clerk of Rankin Comity at Brandon, Missis ippi.in Plat Cabinet D at Slots 44, 45 and 46, reference to which map or plat-is hereby made in aid of and as a part of this description.

TOGETIIER WITH: an easement for ingress and egress and regress ver all private streets and right-of-ways by virtue of Article Vlli, Section 8.1, .2 and 8.7 of the covenants as recorded in Book 1042 at Page 490;

3) All funds on deposit in Edward Jones account numbered XXX-XX 64-1-0;

4) All funds on deposit in Edward Jones account numbered XXX-XX 11-1..;6;

5) All funds on deposit in Regions Bank account numbered XXXXXI

6) All funds on deposit in Regions Bank account numbered XXXXXI

7) All funds on deposit in Bank Plus account numbered XXXXX2116· ·

8) All funds on deposit in Mississippi Public Employees Credit

Page20 of21



numbered XXXXX2469;

9) One (1) 2010 Mercedes Benz S550, VIN: WDDNG7BB6AA3317 7; and

10)0ne (1) 2007 Mercedes Benz S65 V12 AMG, VIN: WDDNG79 7A053800.

Further, if any property described above, as a result of any act or omissicm of the defendants: (a)

cannot be located upon the exercise of due diligence; (b) has been transferred or sol to, or deposited

with, a third party; (c) has been placed beyond the jurisdiction of the Court; (d) has S1lb~y

diminished in value; or (e) has been commingled with other J#perty. which ot be divided ..

without difficulty, then it is the intent of the United States to seek a judgment of

other property of the defendants, up to the value of the property described in this no ce or any bill of

particulars supporting it.

All pursuant to Section 98 t(a)(l XA) & (C), Title 18; United States Code, S ·on 982(aX2),

Title 18, United States Code, Section 730(a)-(e), Title 26, United States Code, Sec ·on 7303, Title

26, United States Code and Section 5317( c XI), Title 31, United States Code.

0 H. BRTITAIN Attorney for the United State , Acting Under Authority Conferred by 28 U .. C.§ 515

A TRUE BII.L: S/SIGNATURE REDACTED . . Foreperson of the Grand Jury

. 1bis indictment was returned in open court by the foreperson or deputy fo grand jury on this the t;t'-day of August, 2014. .

onofthe

UNITED STATES MAGISTRATE

Page21 of21


Case 3:16-cr-00050-HTW-FKB Document 3 Filed 07/13/16 PagE 1 of 7


NORTHERN DIVISION

S UTHERN DISTRICT OF MISSIS~PPI

FILeD

j JUL 1 a!01s J ARTHUR JOhNSTON

BY DEPUTY UNITED STATES OF AMERICA

v.

CARLREDDIX

CRIMINAL NO. ~ ~ \k c,f QD l.ffKJ-f 18 usc§ 1349 18 USC§ 666(a)(2)



1. The Mississippi Department of Corrections (MDOC) was a s1~te government

agency as that term is defined in Section 666( d), Title 18, United States Cpde, and which

received benefits in excess of$10,000 annually between 2007 and 2014 under F~eral programs

providing Federal assistance to MDOC.

2. CHRISTOPHER B. EPPS was the commissioner of the MDOC.

3. The defendant, CARL REDDIX, was one of the owners of Health Assurance,

LLC.

4. Health Assurance, LLC was under contract with the State o Mississippi to

provide healthcare services to inmates at MDOC facilities.

5. Health Assurance, LLC obtained a contract from the MDOC to provide inmate

health care services at Walnut Grove Correctional Facility in 2008. This contract was renewed in

2011.

6. Health Assurance, LLC obtained contracts from the MDOC to provide inmate

health care services at East Mississippi Correctional Facility and Marshall Cow ty Correctional

Facility in 2012.

EXHIBIT

I 8


Case 3:16-cr-00050-HTW-FKB Document 3 Filed 07/13/16 Pag 2 of 7

7. Health Assurance, LLC obtained a contract to provide inmate h

at Wilkinson County Correctional Facility in 2013.

COUNT1

8. The allegations contained in paragraphs one through seven of this dictment are

realleged and incorporated herein by reference as though fully set forth herein.

9. From in or about 2012, and continuing until at least October 1, 20 4, in Hinds

County, in the Northern Division of the Southern District of Mississippi and else here, the

defendant, CARL REDDIX, did knowingly and intentionally combine, conspire, confederate,

and agree with CHRISTOPHER B. EPPS, to commit one or more of the followin offenses: to

devise and intend to devise a scheme and artifice to defraud the Mississippi Dep ent of

Corrections and the State of Mississippi and its citizens of their intangible right t

CHRISTOPHER B. EPPS' s honest services, through bribes and kickbacks, by us of interstate

wire transmissions, in violation of Sections 1343 and 1346, Title 18, United State Code.

10. It was the object of the conspiracy that defendant CARL REDD

or provide kickbacks to CHRISTOPHER B. EPPS, in exchange for the awarding

retention of contracts to HEALTH ASSURANCE, LLC for inmate health care se

MDOC facilities;

11. In furtherance of the conspiracy and to carry out its objectives, the following acts,

among others, were committed:

12. Beginning in 2012, the defendant, CARL REDDIX, began regul

CHRISTOPHER B. EPPS with cash payments in the amount of $6,000.00 per m nth, in

exchange for CHRISTOPHER B. EPPS using his in:tl.uence as commissioner of



benefit REDDIX and his company, Health Assurance, LLC financially.

13. Beginning in 2013, with the addition of the contract to provide·

services to the Wilkinson County Correctional Facility, the defendant, CARL

increased his cash payments by an additional $2,000.00 per month and began re

CHRISTOPHER B. EPPS with cash payments in the amount of $8,000.00 perm nth, in

exchange for CHRISTOPHER B. EPPS using his influence as commissioner of OC to

benefit REDDIX and his company, Health Assurance, LLC financially.

14. On or about each of the following dates of August 1, 2014, September 2,

2014, the defendant, CARL REDDIX, paid cash to CHRISTOPHER B. EPPS.

$9,000.00.

15. On or about October 1, 2014, the defendant, CARL REDDIX,

CHRISTOPHER B. EPPS in the amount of$9,500.00.

All in violation of Sections 1349 and 2, Title 18, United States Code.

COUNT2

16. The allegations contained in paragraphs one through fifteen of this indictment are


17. On or about May 1, 2014, in Hinds County, in the Northern ivision of the

Southern District of Mississippi and elsewhere, the defendant, CARL REDD

and corruptly give, offer, and agree to give something of value, that is, $8,00 .00 in cash, to

CHRISTOPHER B. EPPS, with intent to influence and reward CHRISTOP

connection with the business, transaction, and series of transactions of e Mississippi

Department of Corrections, involving something of value of $5,000.00 or m re, that is, the

awarding and the retention of contracts to Health Assurance, LLC for inmate h th care services



at MDOC.facilities.

All in violation of Sections 666(a)(2), and 2 Title 18, United States Code.

COUNT3

18. The allegations contained in paragraphs one through seventeen of · s indictment

are realleged and incorporated herein by reference as though fully set forth herein

19. On or about June 1, 2014, in Hinds County, in the Northern ivision of the

Southern District of Mississippi and elsewhere, the defendant, CARL REDDIX did knowingly





awarding and the retention of contracts to Health Assurance, LLC for inmate heal care services

at MDOC facilities.


COUNT4

20. The allegations contained in paragraphs one through nineteen of s indictment

are realleged and incorporated herein by reference as though fully set forth herein

21. On or about July 1, 2014, in Hinds County, in the Northern ivision of the

Southern District of Mississippi and elsewhere, the defendant, CARL REDD







awarding and the retention of contracts to Health Assurance, LLC for inmate h

at MDOC facilities.


COUNTS

22. The allegations contained in paragraphs one through twenty-one o this

indictment are realleged and incorporated herein by reference as though fully set orth herein.

23. On or about August 1, 2014, in Hinds County, in the Northern Di

Southern District of Mississippi and elsewhere, the defendant, CARL REDDIX, "d knowingly

and corruptly give, offer, and agree to give something of value, that is, $9,000.00 cash, to

CHRISTOPHER B. EPPS, with intent to influence and reward CHRISTOPHER . EPPS in

connection with the business, transaction, and series of transactions of the Missis ippi

Department of Corrections, involving something of value of$5,000.00 or more, at is, the


at MDOC facilities.


COUNT6

24. The allegations contained in paragraphs one through twenty-three

indictment are realleged and incorporated herein by reference as though fully set

25. Ori or about September 2, 2014, in Hinds County, in the Northern ivision of the

Southern District of Mississippi and elsewhere, the defendant, CARL REDDIX, · d knowingly






Department of Corrections, involving something of value of$5,000.00 or more, tis, the

awarding and the

retention of contracts to Health Assurance, LLC for inmate health care services a MDOC

facilities.


COUNT?

26. The allegations contained in paragraphs one through twenty-five o this

indictment are realleged and incorporated herein by reference as though fully set orth herein.

27. On or about October I, 2014, in Hinds County, in the Northern Di "sion of the

Southern District of Mississippi and elsewhere, the defendant, CARL REDDIX, "d knowingly




Department of Corrections, involving something of value of$5,000.00 or more, tis, the


at MDOC facilities.



As a result of committing the offense alleged in this Indictment, the defen

forfeit to the United States all property involved in or traceable to property involv

offense, including but not limited to all proceeds obtained directly or indirectly fr m the offense,

and all property used to facilitate the offense. Further, if any property described ove, as a result


Case 3:16-cr-00050-HTW-FKB Document 3 Filed 07/13/16

of any act or omission of the defendant: (a) cannot be located upon the exercise

(b) has been transferred or sold to, or deposited with, a third party; (c) has been

the jurisdiction of the Court; (d) has been substantially diminished in value; or ( e has been

commingled with other property, which cannot be divided without difficulty, the it is the intent . ,,

of the United States to seek a judgment of forfeiture of any other property of the

the value of the property described in this notice or any bill of particulars suppo it.

All pursuant to Section 981(a)(1)(A) & (C), Title 18, United States Code

2461, Title 28, United States Code.

Acting United States Attorney

. . UE Bll.L' . A :aNA~ REDACTED

-.SL . --= -T·rtne·~Jury .... Foreperson o . · · ' '

;.. . .. , ~ ~ -r:' .· ·~ ,. .. ;_:·

This indictment was returned in open court by the foreperson or deputy fo grand jury on this the \3 day of j 1 J \j , 2016.




NORTHERN DIVISION

UNITED STATES OF AMERICA.

v.

SAM WAGGONER

The United States Attorney charges:

At all times relevant to this information:

CRIMINAL NO. 3 : J

18 USC§ 666(a)(2)

l. The Mississippi Department of Corrections (MDOC) was a state govemme t agency as

that term is defined in Section 666(d), Title 18, United States Code, and which recei ed benefits

in excess of$10,000 annually between 2007 and 2014 under Federal programs provi 'ng Federal

assistance to MDOC.

2. Global Tel-Link (GTL) was under contract with the State of Mississipp to provide

telephone services to inmates at MDOC facilities.

3. The defendant, SAM WAGGONER, was a paid consultant for GTL.

4. GTL paid the defendant, SAM \VAGGONER, five (5) percent of the reven e generated

by the inmate telephone services contracts it had with the State of Mississippi.


6. That beginning sometime in or about 2012, and continuing until at least Aug t 26, 2014,

in Hinds County, in the Northern Division of the Southern District of Mississippi an elsewhere,

the defendant, SAM WAGGONER, did knowingly and corruptly give, offer, or a ree to give

something of value to CHRISTOPHER B. EPPS, with intent to influence

CHRISTOPHER B. EPPS in connection with the business, transaction, or series of ansactions

of the Mississippi Department of Corrections, involving something of value of 5.000.00 or

EXHIBIT

I C



more, that is, the awarding and the retention of contracts to WAGGONER'S emp oyer, GTL,

for inmate telephone services at MDOC facilities. Specifically, on or about July 30, 014, and on

or about August 26, 2014, the defendant, SAM WAGGONER, paid kickbacks in · e form of

cash generated by his monthly commission from GTL to CHRISTOPHER B. EPPS.



7. As a result of committing the offense alleged in this Indictment, the defendant shall

forfeit to the United States all property involved in or traceable to property involved i the

offense, including but not limited to all proceeds obtained directly or indirectly from e offense,

and all property used to facilitate the offense.

The defendant shall forfeit a money judgment in the amount of $200,000.00.

8. Further, if any property described above, as a result of any act or omission of e

defendant: (a) cannot be located upon the exercise of due diligence; (b) has been tran

sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction o the Court;

(d) has been substantially diminished in value; or (e) has been commingled with othe property,

which cannot be divided without difficulty. then it is the intent of the United States to seek a

judgment of forfeiture of any other property of the defendant, up to the value of the p

described in this notice or any bill of particulars supporting it.

All pursuant to Section 98I(a)(l)(A) & (C), Title 18, United States Code and ection






v.

IRB BENJAMIN 18 usc§ 1349 18 USC § 666(a)(2)



1. The Mississippi Department of Corrections (MDOC) was a state govemme t agency as

that term is defined in Section 666(d), Title 18, United States Code, and which recei ed benefits

in excess of$10,000 annually between 2007 and 2014 under Federal programs provi ing Federal

assistance to MDOC.

2. Mississippi Correctional Management (MCM) was under contract with e State of

Mississippi to provide alcohol and drug treatment services to inmates at Mississippi epartment

of Corrections (MDOC) Correctional Work Center (CWC) facilities in Alco County,

Mississippi, and in Simpson County, Mississippi.

3. The total value of the contract between the State ofMississippi and MCM for cobol and

drug treatment contracts was $774,000.00.

4. MCM was under contract with Alcorn, Washington and Chickasaw Counti

consulting services to ensure each of the Regional Correctional Facilities could m

Correctional Association accreditation standards during the construction of the respective

facilities, and to ensure that each facility maintained the accreditations during their subsequent

operations.

5. MCM was paid about $399,260.00 as a result of its contract with Alcorn Coun y.

EXHIBIT

I D



6. MCM was paid about $245,080.00 as a result of its contract with W ashingto County.

7. MCM was paid $217,900.00 as a result of its contract with Chickasaw Coun

8. The defendant, IRB BENJAMIN, was the owner of MCM.

9. Beginning in or about April 2014, Carter Gobal Lee Facility Managemen (CGL) was

under contract with MDOC to provide maintenance services to MDOC Regional Correctional

Facilities.

10. The defendant, IRB BENJAMIN, was employed by CGL as a consultant.

11. The total value of the contTact between the State of Mississippi and CGL for aintenance

services was $4,800,000.00.


COUNT 1

13. · The allegations contained in paragraphs one through twelve ofthis indictmen are


14. From in or about 2010, and continuing until at least August 27, 2014, in Hin

the Northern Division of the Southern District of Mississippi and elsewhere, the defe dant, I.RB

BENJAMIN, did knowingly and intentionally combine, conspire, confederate, and

CHRISTOPHER B. EPPS, to commit one or more of the following offenses: to devi e and

intend to devise a scheme and artifice to defraud the Mississippi Department of Co

the State of Mississippi and its citizens of their intangible right to CHRISTOPHER

honest services, through bn"bes and kickbacks, by use of interstate wire transmissio

violation of Sections 1343 and 1346, Title 18, United States Code.

15. It was the object of the conspiracy that defendant IRB BENJAMIN would b be or

provide kickbacks to CHRISTOPHER B. EPPS, in exchange for the awarding and th retention



of contracts to BENJAMIN and MCM for alcohol and drug treatment services at OC

facilities; the exercise of CHRISTOPHER B. EPPS'S influence in Alcorn, Washin

Chickasaw counties with regard to MCM obtaining consulting contracts relating to e respective

Regional Correctional Facilities built and operated in those counties; and obtaining

with CGL as a consultant.

16. In furtherance of the conspiracy and to carry out its objectives, the following cts, among


17. Beginning in 2010, the defendant, IRB BENJAMIN, began regularly provid ng

CHRISTOPHER B. EPPS with cash payments in varying amounts, generally $1,000 00 to

$2,000.00 per payment, in exchange for CHRISTOPHER B. EPPS using his influen e as

commissioner ofMDOC to benefit BENJAMIN and his company, MCM, financial! .

18. Beginning in 2010, and continuing until June 24,2014, the defendant, IRB

routinely paid cash bribes to CHRISTOPHER B. EPPS in varying amounts, which

had obtained through the contract between MCM and MDOC for providing alco ol and drug

treatment services at MDOC facilities in Alcorn and Simpson counties.

19. That from in or about April, 2014, until in or about June 24,2014, the defen

BENJAMIN, was paid $2,000.00 per month by CGL, $600 of which BENJAMIN p . d to

CHRISTOPHER B. EPPS each month.


COUNT2

20. The allegations contained in paragraphs one through nineteen of this indictm t are


21. On or about August 27,2014, in Hinds County, in the Northern Division of e Southern



District of Mississippi and elsewhere, the defendant, IRB BENJAMIN, did kn wingly and

corruptly give, offer, or agree to give something of value to CHRISTOPHER B. EPPS, with

intent to influence or reward CHRISTOPHER B. EPPS in connection with e business,

transaction, or series of transactions of the Mississippi Department of Correctio , involving

something of value of $5,000.00 or more, that is, the awarding and the retention o

BENJAMIN and MCM for alcohol and drug treatment services at MDOC faciliti in Alcorn

and Simpson counties.


COUNT3

22. The allegations contained in paragraphs one through twenty one of this indic ent are


23. That from in or about April, 2014, until in or aboUt September, 2014, in Hin County, in

the Northern Division of the Southern District of Mississippi and elsewhere, the de£1 ndant, IRB

BENJAMIN, did knowingly and corruptly give, offer, or agree to give something of value to

CHRISTOPHER B. EPPS, with intent to influence or reward CHRISTOPHER . EPPS in

connection with the business, transaction, or series of transactions of MDO involving

something of value of $5,000.00 or more, that is, the defendant, IRB BENJ , was paid

$2,000.00 per month by COL, $GOO of which BENJAMIN paid to CHRISTOP

each month in return for EPPS assisting BENJAMIN obtain employment with CGL as a

consultant





24. As a result of committing the offense alleged in this Indictment, the defend t shall

forfeit to the United States all property involved in or traceable to property involve

offense, including but not limited to all proceeds obtained directly or indirectly fro

and all property used to facilitate the offense. Further, if any property described abo e, as a result

of any act or omission of the defendant: (a) cannot be located upon the exercise of d e diligence;

(b) has been transferred or sold to, or deposited with, a third party; (c) has been plac beyond

the jurisdiction of the Court; (d) has been substantially diminished in value; or (e) h

commingled with other property, which cannot be divided without difficulty, then it is the intent

of the United States to seek a judgment of forfeiture of any other property of the de

the value of the property described in this notice or any bill of particulars supportin

All pursuant to Section 981(a)(l)(A) & (C), Title 18, United States Code an


A TRUE BILL: S/SIGNA TURE REDACTED Foreperson of the Grand Jury


-

This indictment was returned in open court by the foreperson or deputy fore rson of the grandjury on this the £ day of August, 2015.



NORTHERN DIVISION

UNITED STATES OF AMERlCA

JUL 25 2016

BY

v. CRIMINAL NO. 3.'1(.,-e, -54 1+1W-FKt3

MARK LONGORIA 18USC§371

The United States Attorney charges:

At all times relevant to this information:

t. The Mississippi Department of Corrections (MDOC) was a state government

that term is defined in Section 666(d), Title 18, United States Code, and which receive benefits

in excess of$10,000 annually between 2013 and 2014 under Federal programs providi g Federal

assistance to MDOC.


3. The defendant, MARK LONGORIA, was an officer of Drug Testing Corp ration of

Houston, Texas.

4. ln August of 2013, the MDOC awarded Drug Testing Corporation the contrac to sell to

the MDOC drug test cups for drug screening.

5. On or about August 1, 2013, Drug Testing Corporation entered a commission greement

with Investigative Research, Inc., a company owned by CECIL MCCRORY.

6. On or about August 20, 2013, Drug Testing Corporation invoiced the MDOC r the sale

of drug test cups in the amount of $632,336.25.

7. On or about September 16, 2013, after receiving payment from the MDOC, Dr g Testing

Corporation remitted a check to Investigative Research, Inc., in the amount of $194,83 .50.

EXHIBIT


8. On or about May 20, 2014, Drug Testing Corporation invoiced the MDOC for a second

sale of drug test cups in the amount of $149,940.00.

9. On or about June 17, 2014, after receiving p;;~.yment from the MDOC, Dru Testing

Corporation remitted a check to Investigative Research, Inc., in the amount of$34,997. 4.

COUNT I

I 0. The allegations contained in paragraphs one through nine of this indictment are ealleged

and incorporated herein by reference as though fully set forth herein.

11. From in or about August, 2013, and continuing until at least August, 2014, in H nds and

Rankin Counties, in the Northern Division of the Southern District of Mississippi and e sewhere,

the defendant, MARK LONGORIA, did knowingly and intentionally combine, consp"re,

confederate, and agree with CHRISTOPHER B. EPPS and CECIL MCCRORY, to infl ence or

reward CHRISTOPHER B. EPPS in connection with the business, transaction, or serie of

transactions ofthe Mississippi Department of Corrections, involving something of val e of

$5,000.00 or more, that is, the awarding and the retention of contracts to Drug Testing

Corporation, for drug test cups at MDOC facilities, in violation of Section 666(a)(2), T tie 18,

United States Code.

12. It was the object of the conspiracy that defendant MARK LONGORIA would bribe or

provide kickbacks to CHRISTOPHER B. EPPS by the use of CECIL MCCRORY's c mpany,

Investigative Research, Inc., in exchange for the awarding and the retention of contrac s to Drug

Testing Corporation for drug testing cups at MDOC facilities;

13. In furtherance of the conspiracy and to carry out its objectives, the following a ts, among


14. On September 16, 2013, the defendant, MARK LONGORIA, through Drug esting


Corporation, paid Investigative Research, Inc., a $194,837.50 commission fee kno

CECIL MCCRORY would provide CHRISTOPHER B. EPPS with cash payments ut of the fee

in exchange for the influence of CHRISTOPHER B. EPPS as commissioner of MD

LONGORIA and his company, Drug Testing Corporation, financially.

15. On June 17, 2014, the defendant, MARK LONGORIA, through Drug Testi g

Corporation, paid Investigative Research, Inc., a $34,997.64 commission fee knowi g that

CECIL MCCRORY would provide CHRISTOPHER B. EPPS with cash payments t of the fee,

in exchange for the influence of CHRISTOPHER B. EPPS as commissioner of MD

LONGORIA and his company, Drug Testing Corporation, financially.

All in violation of Section 371, Title 18, United States Code.


As a result of committing the offense alleged in this Indictment, the defend

forfeit to the United States all property involved in or traceable to property involved the

offense, including but not limited to all proceeds obtained directly or indirectly from the offense,

and all property used to facilitate the offense.

The defendant shall forfeit a money judgment in the amount of$131,389.90.

Further, if any property described above, as a result of any act or omission of e

defendant: (a) cannot be located upon the exercise of due diligence; (b) has been tran ferred or

sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction o the Court;

(d) has been substantially diminished in value; or (e) has been commingled with othe property,

which cannot be divided without difficulty, then it is the intent


of the United States to seek a judgment of forfeiture of any other property of the defend nt, up to

the value of the property described in this notice or any bill of particulars supporting it.

All pursuant to Section 98l(a)(l)(A) & (C), Title 18, United States Code and Se tion



A ~~~~ cc)py: i HER~~YCERT FY BY: . U~O~TON, CU~RK . / ~v~




NORTHERN DNISION

~DSTATESOF~CA

8Y

Rrf DISTRICT OF MISSISSIPPI

r---~_..s....:...:l L=.t. 0

UL 13-20161 ARTHUR~

DEPU1Y

v. CRIMINAL NO.3

1

1 \ C i( s \ \t'tO .~Jt.f>: TERESA K. MALONE 18 usc§ 1349

18 USC§ 666(a)(2)



1. The Mississippi Department of Corrections (MDOC) was a state government

agency as that term is defined in Section 666( d), Title 18, United States Cod , and which

received benefits in excess of S 10,000 annually between 2008 and 2014 under Fed programs


2. From about 2008 through 2014, AdminPros, LLC was under mul

with the State of Mississippi to provide medical vendor monitoring and Medi · d eligibility

services to the Mississippi Department of Corrections (MDOC).

3. The defendant, TERESA K. MALONE, was a paid consultant fo AdminPros,

LLC.

4. AdminPros, LLC paid the defendant, TERESA K. MALONE,

$5,000.00 per month from October of2010 through July 17, 2014, of the revenue

the contractual services with the MDOC.

S. CHRISTOPHER B. EPPS was the commissioner of the MDOC.

COUNT I

6. The allegations contained in paragraphs one through five of this indi

realleged and incorpomted herein by reference as though fully set forth herein.

EXHIBIT

i F



7. From in or about 2010, and continuing until at least July of 2014, in ·nels

County, in the Northern Division of the Southern District of Mississippi and elsewh re, the

defendant, TERESA K. MALONE, did knowingly and intentionally combine, co

confederate, and agree with CHRISTOPHER B. EPPS, to commit one or more ofth

offenses: to devise and intend to devise a scheme and artifice to defraud the Mississi pi

Department of Corrections and the State of Mississippi and its citizens of their intan ·ble right to

CHRISTOPHER B. EPPS's honest services, through bribes and kickbacks, by use o interstate

wire transmiS$iOns, in violation of Sections 1343 and 1346, Title 18, United States

8. It was the object of the conspiracy that defendant TERESA K. n.a.n~

bribe or provide kickbacks to CHRISTOPHER B. EPPS, in exchange for the aUIG•...t;r.

retention of contracts to AdminPros, LLC and, for the exercise of CHRISTOPHER

influence in obtaining a consulting agreement for TERESA K. MALONE with A · s,

LLC.

9. In furtherance of the conspiracy and to carry out its objectives, the fo owing acts,


10. Beginning in 2010, the defendant, TERESA K. MALONE, began

providing CHRISTOPHER B. EPPS with cash payments in varying amounts, gene

$1,000.00 to $1,750.00 per payment, in exchange for CHRISTOPHER B. EPPS'S .

commissioner ofMDOC to benefit TERESA K. MALONE, financially.

11. On or about July 17, 2014, the defendant, TERESA K. MALO

kickback to CHRISTOPHER B. EPPS in the amount of $1,750.00, which

obtained through her consulting agreement with AdminPros, LLC.

12. That from in or about 2010, until July 17, 2014, the defendant, TE



MALONE, was paid no less than $170,000.00 by AdminPros, LLC of which MAL NE would

kickback cash to CHRISTOPHER B. EPPS.


COUNT2

13. The allegations contained in paragraphs one through twelve of this· dictment are


14. On or about July 17, 2014, in Hinds County, in the Northern Di 'sion of the

Southern District of Mississippi and elsewhere, the defendant, TERESA K. ONE, did

knowingly and corruptly give, offer, and agree to give something of value, that is, $1,750.00 in

cash, to CHRISTOPHER B. EPPS, with intent to influence and reward CHRI TOPHER B.

EPPS in connection with the business, transaction, and series of transactions of

Department of Corrections, involving something of value of $5,000.00 or mo

awarding and the retention of multiple contracts to AdminPros, LLC for m

monitoring and Medicaid eligibility services.



As a result of committing the offense alleged in this Indictment, the defen shall

forfeit to the United States all property involved in or traceable to property involved in the

offenses, including but not limited to all proceeds obtained directly or indirectly fro the

offenses, and all property used to facilitate the offenses.

Further, if any property described above, as a result of any act or omission o the

defendant: (a) cannot be located upon the exercise of due diligence; (b) has been ferred or

sold to, or deposited with, a third party; (c) has been placed beyond the jurisdiction f the Court;



(d) has been substantially diminished in value; or (e) has been commingled with oth property,

which cannot be divided without difficulty, then it is the intent of the United States o seek a

judgment of forfeiture of any other property of the defendants, up to the value of th property

described in this notice or any bill of particulars supporting it.

All pursuant to Section 981(a)(l)(A) & (C), Title 18, United States Code an


A TRUE BILL: S/SIGNATURE REDACTED Foreperson of the Grand Jury

OL Acting United States Attorney

This indictment was returned in open court by the foreperson or deputy fore

grand jury on this the 13!-fl day of J Jt , 2016.

nofthe



ICTOF~PI

.--__._Frill! D

IN THE UNITED STATES DISTRICT COURT JU _;3 -2016] FOR TilE SOUTHERN DISTRICT OF MISSISSIPP n.JOh:'w'STON

NORTHERN DIVISION t.!av!.:===F===~oa>tllY~


v. cRIMINAL No. 3~ 1 ovlfi lf(tp-ia GUY E. "BUTCH'' EVANS 18 usc§ 1349

18 USC § 666(a)(2) The Grand Jury charges:


1. The Mississippi Deparbnent of Corrections (MDOC) was a state ovemment

agency as that term is defined in Section 666(d), Title 18, United States Code, and which

received benefits in excess of$10,000 annually between 2007 and 2014 under Fed programs



3. At all times relevant to the indictment, the defendant, GUY E. "BUTCH"

EVANS, was a licensed insurance sales agent and the owner of Insurance Premi Services,

LLC, an insurance company licensed to do business in Mississippi.

4. CHRISTOPHER B. EPPS through official action made the defen t Broker of

Record for MDOC in September of2012. As Broker of Record for MDOC, GUY E. "BUTCH"

EVANS had exclusive access to sell insurance policies and products to MDOC employees.

After becoming Broker of Record, the defendant sold insurance policies and produc , to include

Colonial Life and Accident Insurance Company, ~AlwaysCare, and Humana, to MDOC

employees and received a commission from these companies for policies sold.

COUNT 1

5. The allegations contained in paragraphs one through four of this in ictment are

EXHIBIT

I c;




6. From in or about 2012, and continuing until at least May 31, 201 , in Hinds

County, in the Northern Division of the Southern District of Mississippi and el where, the

defendant, GUY E. "BUTCH" EVANS, did knowingly and intentionally combin , conspire,

confederate, and agree with CHRISTOPHER B. EPPS, to commit one or more of following

offenses: to devise and intend to devise a scheme and artifice to defraud the Mississippi

Department of Corrections and the State of Mississippi and its citizens of their intan ble right to

CHRISTOPHER B. EPPS's honest services, through bribes and kickbacks, by use f interstate

wire transmissions, in violation of Sections 1343 and 1346, Title 18, United States C

7. It was the object ofthe conspiracy that defendant GUY E. "BUTC "EVANS

would bribe or provide kickbacks to CHRISTOPHER B. EPPS, in exchange fi favorable

official action as requested, and for EVANS to enrich himself, such as, the aw · ng of the

position of Broker of Record to EVANS for the exclusive right to sell insuranc to MDOC

employees;

8. In furtherance of the conspiracy and to carry out its objectives, the fol owing acts,


9. Beginning in January 2013, the defendant, GUY E. "BUTCH" EV S, began

regularly providing CHRISTOPHER B. EPPS with cash payments in varying amoun

$1 ,400.00 to $I, 700.00 per payment, in exchange for CHRISTOPHER B. EPPS as

of MDOC naming EVANS Broker of Record and financially benefited EV

company, Insurance Premium Services, LLC.

10. On or about April 30, 2014, for the purpose of executing the abo e-described

scheme and artifice to defraud and deprive, the defendant, GUY E. "BUT EVANS,



transmitted and caused to be transmitted by means of wire communication i interstate

commerce, the following writings, signals, and sounds: to wit, a wire transfer from C lonial Life

and Accident Insurance Company to First Commercial Bank account number JPQOOC.XJOID(

xxx1557 in the amount of$2,906.36.

11. On or about May 7, 2014, for the purpose of executing the abov -described

scheme and artifice to defraud and deprive, the defendant, GUY E. "BUTCH EVANS,

transmitted and caused to be transmitted by means of wire communication · interstate


and Accident Insurance Company to First Commercial Bank account number XXJOOC.XJOI:X

xxx1557 in the amount of $520.62.

12. On or about May 27, 2014, the defendant, GUY E. "BUTCH" EV S, paid a

cash bribe to CHRISTOPHER B. EPPS of approximately $1,900.00 which EVANS h d obtained

through the commission received from Colonial Life and Accident Insurance C mpany for

providing insurance services to MDOC employees.

13. On or about May 29, 2014, for the purpose of executing the abo

scheme and artifice to defraud and deprive, the defendant, GUY E. "BUTCH EVANS,

transmitted and caused to be transmitted by means of wire communication · interstate


and Accident Insurance Company to First Commercial Bank account number XDCXX:XJOI:X

xxxl557 in the amount of$2,913.40

14. That from in or about January 2013, until in or about May, 2014, th defendant,

GUY E. "BUTCH" EVANS, was paid approximately $4,300.00 per month b Colonial,

$1,400.00to $1,700.00 ofwhich EVANS paid to CHRISTOPHER B. EPPS eachmo th.


Case 3:16-cr-00049-HTW-FKB Document 3 Filed 07/13/16 Page of s

15. The defendant took steps to hide, conceal, and cover up his activity an the nature

and scope of his dealings with CHRISTOPHER B. EPPS including meeting in the p king lot of

MDOC headquarters or a restaurant to give the bribe in a white envelope.


COUNT2

16. The allegations contained in paragraphs one through fifteen of this in · ctment are


17. That from in or about January, 2013, until in or about May, 201

County, in the Northern Division of the Southern District of Mississippi and els where, the

defendant, GUY E. "BUTCH" EVANS, did knowingly and corruptly give, offer,

give something of value to CHRISTOPHER B. EPPS, with intent to influence or reward

CHRISTOPHER B. EPPS in connection with the business, transaction, or series of ctions

of MDOC, involving something of value of $5,000.00 or more, that is, the defen t, GUY E.

"BUTCH" EVANS, was paid a commission of approximately $4,300.00 per month y Colonial

Life and Accident Insurance Company, $1,400.00 to $1,700.00 of which EV

CHRISTOPHER B. EPPS each month in return for EPPS making EVANS Broke

withMDOC.



As a result of committing the offenses alleged in this Indictment, the defe dant shall

forfeit to the United States all property involved in or traceable to property invo ved in the

offense, including but not limited to all proceeds obtained directly or indirectly from e offense,

and all property used to facilitate the offense. Further, if any property described above as a result



of any act or omission of the defendant: (a) cannot be located upon the exercise of d e diligence;

{b) has been transferred or sold to, or deposited with, a third party; (c) has been pi ced beyond

the jurisdiction of the Court; (d) has been substantially diminished in value; or ) has been

commingled with other property, which cannot be divided without difficulty, then it i

of the United States to seek a judgment of forfeiture of any other property of the de£

the value of the property described in this notice or any bill of particulars supporting t

All pursuant to Section 98l(a)(l)(A) & (C), Title 18, United States Code d Section


A TRUEBILL: S/SIGNATURE REDACTED Foreperson of the Grand Jury

, Acting United States Attorney ·

This indictment 7 -tr..ed in open court by the fureperson or deputy furep son of the grand jury on this the day of ~ , 2016.


Case 1:16-cr-00010-HSO-RHW Document 1 Filed 02/11/16 Page of 4

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPP

SOUTHERN DIVISION


v. CRIMINAL NO. l: \ lo c,c- I 0 ~ S 0- n,_i--l W

ROBERT SIMMONS 18 U.S.C. § 666(a){2)

The Acting United States Attorney charges:

At all times relevant to this Information:

1. The Mississippi Department of Corrections (hereafter referred to as " OC")

was a state government agency as that term is defined in Section 666(d), Title 18, un· ed States

Code, which received federal assistance in excess of $1 0,000.00 during each one-ye

between 2007 and 2014 under Federal programs providing Federal Assistance to the

2. Harrison County, Mississippi, was a local govemment. as that term is

Section 666(d), Title 18, United States Code, which received federal assistance in exc ss of

$10,000.00 during each one-year period between January 1, 2005 and December 31,

federal programs providing Federal Assistance to Harrison County, Mississippi.

3. Sentinel Offender Services, L.L.C. (hereafter referred to as "Sentinel") was under

contract since July 2012 with the State of Mississippi's MDOC to provide services to

monitoring and managing offenders sentenced to probation or parole. This monitorin

was awarded by the MDOC.

4. The defendant, ROBERT SIMMONS, was a local businessman from amson

County, Mississippi, who was paid a $4,000.00 a month consulting fee from SentineL

EXHIBIT

H



5. Since approximately July 2012, SIMMONS provided monthly payme ts of

$1,400.00 to the Commissioner of the MDOC. These monthly payments, otherwise own as

kickbacks, or bribes, were deposited directly into the Commissioner's bank accounts.

SIMMONS would accomplish this by making the bank deposits utilizing branch loc ·ons in the

coastal counties of Mississippi.

6. SIMMONS set aside approximately thirty percent (30%) of his $4,00 .00 a

month consulting fee from Sentinel for taxes and subsequently split the remaining p of his fee

with the Commissioner of the MDOC.

7. AJA Management and Technical Services (hereafter referred to as"

under contract for a period of eighteen ( 18) months to provide construction managem nt services

to the MDOC for the expansion of the East Mississippi Correctional Facility and the alnut

Grove Youth Correctional Facility.

8. Throughout this eighteen (18) month period of time, SIMMONS recei ed a

monthly consulting fee from AJA of$10,000.00. Every month a portion of SIMMO

consulting fee was paid to the Commissioner of the MDOC.

9. A company obtained a contract to perform work on the East Mississip i

Correctional Facility and the Walnut Grove Youth Correctional Facility. The com

SIMMONS a consulting fee for a period of ten (1 0) months.

10. SIMMONS paid the Commissioner of the MDOC a portion of SIMM

consulting fee on approximately twenty (20) occasions during this ten (1 0) month pe od of time.

11. From approximately 2005 through 2011, Health Assurance L.L.C. con

the Harrison County Jail to provide inmate medical services. The owner of Health

L.L.C. paid SIMMONS a consulting fee, which at the end of the contract was as hi


Case 1:16-cr-00010-HSO-RHW Document 1 Filed 02/11/16 Page

thousand dollars ($10,000.00) a month. Throughout this period oftime, SIMMONS

payments in the amount of$2,000.00 a month to a Harrison County Supervisor for

provided in securing the contract at the Harrison County Jail for inmate medical servi es.

12. Throughout the relevant time period referred to in paragraph 1, the Co issioner

of the MDOC exercised influence in the awarding of contracts with the MDOC.

13. Throughout the relevant time period referred to in paragraph 2, a duly lected

supervisor of Harrison County, Mississippi, exercised influence in the awarding of co tracts with

Harrison County, Mississippi.

I 4. That beginning sometime in or about 2005, and continuing until at I

26,2014, in Harrison County, in the Southern Division of the Southern District ofMi

and elsewhere, the defendant, ROBERT SIMMONS, did knowingly and corruptly gi e, offer,

and agree to give something of value to the Commissioner of the MDOC, with intent influence

and reward the Commissioner of the MDOC in connection with the business, transacti n, and

series of transactions ofthe Mississippi Department of Corrections, involving somethi g of value

of $5,000.00 or more, that is, the awarding and the retention of contracts to Sentinel

various services more particularly described in paragraphs 3 through 8.

15. That beginning sometime in or about 2005, and continuing until at 1

Harrison County, in the Southern Division of the Southern District of Mississippi and

the defendant, ROBERT SIMMONS, did knowingly and corruptly give, offer, and e to give

something of value to a duly elected supervisor of Harrison County, Mississippi with·

influence and reward the supervisor in connection with the business, transaction, and

transactions of Harrison County Mississippi involving something ofvalue of$5,000.0

that is, the awarding and the retention of contracts to Health Assurance L.L.C. for vari us



services more particularly described in paragraph 11.


Attorney for the United States, Acting under Authority conferred by 18 u.s.c. § 515


Case 1:15-cr-00013-HSO-JCG Document 3 Filed 02/18/15 Page of 3


SOUTHERN DIVISION


v.

WILLIAM MARTIN


At all times relevant to this Indictment:

cRIMINAL No. J .: 1 ~ evl

18 U.S.C. § 666(a)(l)(B) 18 U.S.C. § 1512(c)(2)

FEB 18 2015

1. Harrison County, Mississippi, was a local government, as that term s defined in

Section 666(d), Title 18, Unitec! States Code, which received federal assistance

$10,000.00 during each one-year period beginning January 1, 2005, and ending 31,

2012.

2. The defendant, WILLIAM MARTIN, was a Supervisor for

and as such was an agent of Harrison County, as that term is defined in Section

United States Code.

COUNT I

3.

Harrison County, in the Southern Division of the Southern District of Mississippi, elsewhere,

the defendant, WILLIAM MARTIN, did corruptly solicit, demand, accept and to accept

multiple things of value from a person, intending to be influenced and rewarded · connection

value of $5,000.00 or more.

Page I of3

EXHIBIT

I r



All in violation of Section 666(a)(l )(B), Title 18, United States Code.

COUNT2

4. That from in or about September 2014 through in or about '"'"''""'u"''

Harrison County, in the Southern Division of the Southern District of Mississippi,

the defendant, WILLIAM MARTIN, did corruptly solicit, demand, accept and

elsewhere,

thing of value from a person, intending to be influenced and rewarded in .. vuu~"'

transaction and series of transactions of the Harrison County, Mississippi, invol

value of $5,000.00 or more.

All in violation of Section 666(a)(l)(B), Title 18, United States Code.

COUNT3

On or about December 17, 2014, in Harrison County, in the Southern

Southern District of Mississippi, and elsewhere, the defendant, WILLIAM J.TAJl"lL.Ic .......

corruptly attempt to obstruct, impede, and influence an official proceeding, that

with a

did

MARTIN knowingly and intentionally attempted to corruptly influence a witness stlb,pocmac:a to

appear before a Federal Grand Jury proceeding and impede the providing of testimony

testifying by such witness to a Federal Grand Jury proceeding on matters relating

alleged in Counts 1 and 2 above.

All in violationofSection 1512(c)(2), Title 18, United States Code.


As a result of committing the offenses as alleged in this Indictment, the shall

forfeit to the United States all property involved in or traceable to property ·"'""'"""

Page 2 of3



offenses, including but not limited to all proceeds obtained directly or ·

offenses, and all property used to facilitate the offenses. Further, if any n'N'\n,.,.,h,

above, as a result of any act or omission of the defendant: (a) cannot be located

of due diligence; (b) has been transferred or sold to, or deposited with, a third

defendant, up to the value of the property described in this notice or any bill

supporting it.

All pursuant to Sections 98l(a)(l)(C) and 982(a)(3), Title 18, United States and

Section 246l(c), Title 28, United States Code.

A TRUE BILL·

s/signature redacted Foreperson of~Ura.na Jury

United States Attorney

This indictment was returned in open court by the foreperson or deputy foreperson jury on this the /l~ay of February, 2015.

Page 3 of3



IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSI~PI

NORTHERN DIVISION


vs.

MARK LONGORIA

APPEARANCES:

CRIMINAL NO. 3:16CR54-HTW-FKB

PLEA HEARING

BEFORE THE HONORABLE HENRY T. WINGATE UNITED STATES DISTRICT JUDGE

AUGUST 3RD, 2016 JACKSON, MISSISSIPPI

FOR THE GOVERNMENT: MR. DARREN J. LaMARCA MR. PATRICK A. LEMON

FOR THE DEFENDANT: MR. THOMAS M. FORTNER

REPORTED BY: MARY VIRGINIA "Gina" MORRIS, RMR, CRR

501 E. Court, Suite 2.500 Jackson, Mississippi 39201

(601) 608-4187

EXHIBIT

I .I


Case 3:16-cr-00054-HTW-FKB Document 17 Filed 08/10/16 Page 5 of 64 52

1 definitely -- he was definitely paying money to the

2 commissioner.

3 THE COURT: This was in a conversation with

4 Mr. McCrory?

5 THE DEFENuANT: Yes, sir.

6 THE COURT: Was that a telephone or in-perspn

7 conversation?

8 THE DEFENDANT: No. It was over the phone, your

9 Honor.

10 THE COURT: Did you reject that matter or o fer any

11 objection to it?

12 THE DEFENDANT: No, sir, your Honor, I did rot.

13 Regrettably, I did not.

14 THE COURT: So you knew then at that point 1hat there

15 was a kickback scheme in operation?

16 THE DEFENDANT: At that point, your Honor, that's when

17 I put two and two -- I mean, that confirmed, you knov, what was

18 going on, your Honor.

19 THE COURT: Did you already have suspicions.

20 THE DEFENDANT: You know, your Honor, there was so

21 many -- every company out there that did business with the

22 state did -- hired Cecil McCrory as a consultant. Sc I knew

23 they had to have some type -- I didn't know the details or

24 anything like that, but I knew they had to have some type of

25 connections to be able to get all this done. And no other


Case 3:16-cr-00054-HTW-FKB Document 17 Filed 08/10/16 Page 5(3 of 64

1 states that I work in conducted business that way.

2 THE COURT: What other states have you worked in?

3 THE DEFENDANT: Louisiana, Arkansas, Oklahcma,

4 Virginia. Those are primarily the states that we de business

5 in.

6 THE COURT: You supply drug testing cups for them?

7 THE DEFENDANT: At -- not for Drug Testing

8 Corporation, your Honor, but for the manufacturers -- the

53

9 actual manufacturer, the company that made the produ~t at that

10

11

time.

THE COURT: And you say nobody else dealt like that?

12 THE DEFENDANT: No, sir, your Honor. They had

13 consultants, but not to the effect that it was so pu~hed that

14 you had to use this one.

15 THE COURT: So, again, how did you come in ~ontact

16 with McCrory? Did he contact you or you contacted h'm?

17 THE DEFENDANT: He contacted us.

18 THE COURT: And what was the gist of his cortact?

19 THE DEFENDANT: When -- you know, during di ferent

20 conferences, ACA, APPA, different conferences, priso

21 conferences and things like that, I was introduced t) Cecil

22 McCrory. And they just said this is the consultant, you know,

23 that the state primarily uses. And we entered into

24 conversations about the drug testing products and wh t our

25 company has to offer the state.



PLEA AGREEMENT

Subject United States v. Christopher B. Epps Criminal No. 3:14cr111HTW-FKB

To: John Colette, Esq. Attorney for Defendant

Date February4, 2015

From: D. Michael Hurst, Jr. Assistant United States Attorne Southern District of Mississippi Criminal Division

Christopher B. Epps, Defendant herein, and John Colette, attorney for Defend t, have been notified and understand and agree to the items contained herein, as well as in th Plea Supplement, and that:

1. Count of Conviction. It is understood that, as of the date of this plea greement, Defendant and Defendant's attorney have indicated that Defendant desires to plead gu lty to Counts 23 and 44 of the indictment

2. Sentence. Defendant understands that the penalty for the offense ch ed in Count 23 ofthe indictment, charging a violation of Title 18, United States Code, Sect on 1956(h), is not more than 20 years in prison; a term of supervised release of not more han 3 years; and a fine which is the greater of $500,000 fine or twice the value of the prope involved in transaction. Further, defendant understands that the penalty for the offense charge in Count 44 of the indictment, charging a violation of Title 26, United States Code, Section 72 6(2), is not more than 3 years in prison; a term of supervised release of not more than 1 year; and fine not greater than $250,000.00. Defendant further understands that if a term of supervised lease is imposed, that term will be in addition to any prison sentence Defendant receives; fu er, if any of the terms of Defendant's supervised release are violated, Defendant can be returned to prison for the entire term of supervised release, without credit for any time already served on the term of supervised release prior to Defendant's violation of those conditions. It is further unde tood that the Court may require Defendant to pay restitution in this matter in accordance with a plicable Jaw. Defendant further understands that Defendant is liable to make restitution forth full amount of the Joss determined by the Court, to include relevant conduct, which amou tis not limited to the count of conviction. Defendant further understands that if the Court o rs Defendant to pay restitution, restitution payments cannot be made to the victim direct! but must be made to the Clerk of Court, Southern District of Mississippi. Defendant understan that an order of forfeiture will be entered by the Court as a part of Defendant's sentence and t at such ~rder is mandatory.

3. Determination of Sentencing Guidelines. It is further understood th t the United States Sentencing Guidelines are advisory only and that Defendant and Defeo t's attorney have discussed the fact that the Court must review the Guidelines in reaching a decision

EXHIBIT

k

l Case: 25CI1:17-cv-00087-JAW Document #: 1 Filed: 02/08/2017 of 87


as to the appropriate sentence in this case, but the Court may impose a sentence other than that indicated by the Guidelines if the Court finds that another sentence would be more a ropriate. Defendant specifically acknowledges that Defendant is not relying upon anyone's cal ulation of a particular Guideline range for the offense to which Defendant is entering this plea, an recognizes that the Court will make the final determination of the sentence and that may be sentenced up to the maximum penalties set forth above.

4. Breach of This Agreement and Further Crimes. It is further under ood that should Defendant fail or refuse as to any part of this plea agreement or commit any fu er crimes, then, at its discretion, the U.S. Attorney may treat such conduct as a breach o this plea agreement and Defendant's breach shall be considered sufficient grounds for the purs it of any prosecutions which the U.S. Attorney has not sought as a result of this plea agreemen including any such prosecutions that might have been dismissed or otherwise barred by the Dou le Jeopardy Clause, and any federal criminal violation of which this office has knowled

5. Financial Obligations. It is further understood and specifically agree Defendant that, at the time of the execution of this document or at the time the plea is Defendant will then and there pay over the special assessment of$100.00 per count Titlel8, United States Code, Section 3013, to the Office ofthe United States District Clerk; Defendant shall thereafter produce proof of payment to the U.S. Attorney or th Probation Office. If the Defendant is adjudged to be indigent, payment of the special sessment at the time the plea is entered is waived, but Defendant agrees that it may be made pa able first from any funds available to Defendant while Defendant is incarcerated. Defendant un erstands and agrees that, pursuant to Title 18, United States Code, Section 3613, whatever mo etary

. penalties are imposed by the Court will be due and payable immediately and subject t immediate enforcement by the United States as provided in Section 3613. Furthermo Defendant agrees to complete a Oe artment of Justice Financial Statement no later th n the da the guilty plea is entered and provide same to the undersigned AUSA. Defendant also agrees to provide all ofDefendant's financial information the Probation Office and, if requested to participate in a pre-sentencing debtor's examination. If the Court imposes a schedule f payments, Defendant understands that the schedule of payments is merely a minimum schedule of payments and not the only method, nor a limitation on the methods, available to the United States to enforce the judgment. If Defendant is incarcerated, Defendant agrees to parti ipate in the Bureau ofPrisons' Inmate Financial Responsibility Program regardless of whether e Court specifically directs participation or imposes a schedule of payments. Defendant unde ds and agrees that Defendant shall participate in the Treasury Offset Program until any and al monetary penalties are satisfied and paid in full by Defendant.

6. Transferring and Liquidating Assets. Defendant understands and a s that Defendant is prohibited from transferring or liquidating any and all assets held or own d by Defendant as of the date this Plea Agreement is signed. Defendant must obtain prior 'tten approval from the U.S. Attorney's Financial Litigation Unit prior to the transfer or liq idation of any and all assets after this Plea Agreement is signed and if Defendant fails to do so th Defendant understands and agrees that an unapproved transfer or liquidation of any as deemed a fraudulent transfer or liquidation.

7. Future Direct Contact With Defendant. Defendant and Defendant's attorney acknowledge that if forfeiture, restitution, a fine, or special assessment or any combin ion of



forfeiture, restitution, fine, and special assessment is ordered in Defendant's case that this will require regular contact with Defendant during any period of incarceration, probation, nd supervised release. Further, Defendant and Defendant's attorney understand that it is ssential that defense counsel contact the U.S. Attorney's Financial Litigation Unit immediate! after sentencing in this case to confirm in writing whether defense counsel will continue to represent Defendant in this case and in matters involving the collection of the financial obligati ns imposed by the Court. If the U.S. Attorney does not receive any written acknowled ent from defense counsel within two weeks from the date of the entry of Judgment in this case, the U.S. Attorney will presume that defense counsel no longer represents Defendant and the Fi ancial Litigation Unit will communicate directly with Defendant regarding collection of the mancial obligations imposed by the Court. Defendant and Defendant's attorney understand an agree that such direct contact with Defendant shall not be deemed an improper ex parte contact ith Defendant if defense counsel fails to notify the U.S. Attorney of any continued legal representation within two weeks after the date of entry of the Judgment in this case.

8. Waivers. Defendant, knowing and understanding all of the matters afi resaid, including the maximum possible penalty that could be imposed, and being advised of Defendant's rights to remain silent, to trial by jury, to subpoena witnesses on Defenda t's own behalf, to confront the witnesses against Defendant, and to appeal the conviction and ntence, in exchange for the U.S. Attorney entering into this plea agreement and accompanying pea supplement, hereby expressly waives the following rights (except that Defendant rese es the right to raise ineffective assistance of counsel claims):

a. the right to appeal the conviction and sentence imposed in this c , or the manner in which that sentence was imposed, on the grounds set forth in Title 18, United States Code, Section 3742, or on any ground whatsoever, and

b. the right to contest the conviction and sentence or the manner in sentence was imposed in any post-conviction proceeding, including but not li motion brought under Title 28, United States Code, Section 2255, and any proceeding claiming double jeopardy or excessive penalty as a result of any fo ordered or to be ordered in this case, and

c. any right to seek attorney fees and/or costs under the "Hyde Amen ment," Title 18, United States Code, Section 3006A, and the Defendant acknowledge government's position in the instant prosecution was not vexatious, frivolous, r in bad faith, and

d. all rights, whether asserted directly or by a representative, to reque t or receive from any department or agency of the United States any records pertai ing to the investigation or prosecution of this case, including without limitation any reco s that may be sought by Defendant or by Defendant's representative under the Freed m of Information Act, set forth at Title 5, United States Code, Section 552, or the P ivacy Act of 1974, at Title 5, United States Code, Section 552a.

e. Defendant further acknowledges and agrees that any factual issues garding the sentencing will be resolved by the sentencing judge under a preponderance of the evidence standard, and ~fendant waives any right to a jury determination of ese



sentencing issues. Defendant further agrees that, in making its sentencing dec sian, the district court may consider any relevant evidence without regard to its admissi ility under the rules of evidence applicable at trial.

Defendant waives these .-ights in exchange for the United States Attorney ntering into this plea agreement and accompanying plea supplement.

9. Prohibition from Elected Public Office or Government Em Jovme t. Upon entering a guilty plea, the Defendant agrees to neither run for elected public office nor apply for or be employed by any governmental entity in the future.

10. Complete Agreement. It is further understood that this plea agreemen and the plea supplement completely reflects all promises, agreements and conditions made by d between the United States Attorney's Office for the Southern District of Mississippi a d Defendant.

Defendant and Defendant's attorney of record declare that the terms of th s plea agreement have been:

1. READ BY OR TO DEFENDANT; 2. EXPLAINED TO DEFENDANT BY DEFENDANT'S ATTORNEY; 3. UNDERSTOOD BY DEFENDANT; 4. VOLUNTARILY ACCEPTED BY DEFENDANT; and 5. AGREED TO AND ACCEPTED BY DEFENDANT.

WITNESS OUR SIGNATURES. as set fotth below.

2-2S · t5 D. Michael Hurst, Jr Date

Assistant United State. ttomey

Date

_,/II.,// ~



PLEA AGREEMENT

Subject United States v. Cecil McCrory Criminal No. 3:14crJ 11HTW-FKB

To: Don Leland, Esq. Attorney for Defendant

Date February 12,2015

From: D. Michael Hurst, Jr. Assistant United States Attorney Southern District of Mississippi Criminal Division

Cecil McCrory, Defendant herein, and Don Leland, attorney for Defendant, ha e been notified and understand and agree to the items contained herein, as wel1 as in the Plea Supplement, and that:

1. Count of Conviction. It is understood that, as of the date of this plea a reement, Defendant and Defendant's attorney have indicated that Defendant desires to plead gui ty to Count 23 of the indictment.

2. Sentence. Defendant understands that the penalty for the offense char ed in Count 23 of the indictment, charging a violation of Title 1 8, United States Code, Secti n 1956(h), is not more than 20 years in prison; a term of supervised release of not more t an 3 years; and a fine which is the greater of $500,000 fine or twice the value of the prope involved in transaction. Defendant further understands that if a term of supervised release is im osed, that term will be in addition to any prison sentence Defendant receives; further, if any of th terms of Defendant's supervised release are violated, Defendant can be returned to prison forth entire term of supervised release, without credit for any time already served on the term of su ervised release prior to Defendant's violation of those conditions. It is further understood that e Court may require Defendant to pay res'~itution in this matter in accordance with applicable l Defendant further understands that Defendant is liable to make restitution for the full ount of the loss determined by the Court, to include relevant conduct, which amount is not lim ted to the count of conviction. Defendant further understands that if the Court orders Defendant pay restitution, restitution payments cannot be made to the victim directly but must be mad to the Clerk of Court, Southern District of Mississippi. Defendant understands that an order f forfeiture will be entered by the Court as a part of Defendant's sentence and that such mandatory.

3. Determination of Sentencing Guidelines. It is further understood tha the United States Sentencing Guidelines are advisory only and that Defendant and Defend

Page I of5

EXHIBIT

j L.



attorney have discussed the fact that the Court must review the Guidelines in reaching decision as to the appropriate sentence in this case, but the Court may impose a sentence other an that indicated by the Guidelines if the Court fmds that another sentence would be more ap ropriate. Defendant specifically acknowledges that Defendant is not relying upon anyone's calc lation of a particular Guideline range for the offense to which Defendant is entering this plea, an recognizes that the Court will make the final determination of the sentence and that D may be sentenced up to the maximum penalties set forth above.

4. Breach of This Agreement and Further Crimes. It is further underst should Defendant fail or refuse as to any part of this plea agreement or commit any crimes, then, at its discretion, the U.S. Attorney may treat such conduct as a breach of is plea agreement and Defendant's breach shall be considered sufficient grounds for the pursui of any prosecutions which the U.S. Attorney has not sought as a result of this plea agreement, including any such prosecutions that might have been dismissed or otherwise barred by the Dou e Jeopardy Clause, and any federal criminal violation of which this office has knowledg .

S. Financial Obligations. It is further understood and specifically agreed o by Defendant that, at the time of the execution of this document or at the time the plea is tered, Defendant will then and there pay over the special assessment of $100.00 per count req ired by Titlel8, United States Code, Section 3013, to the Office of the United States District C urt Clerk; Defendant shall thereafter produce proof of payment to the U.S. Attorney or the .S. Probation Office. Ifthe Defendant is adjudged to be indigent, payment of the special at the time the plea is entered is waived, but Defendant agrees that it may be made pa Ie first from any funds available to Defendant while Defendant is incarcerated. Defendant und rstands and agrees that, pursuant to Title 18, United States Code, Section 3613, whatever mon penalties are imposed by the Court will be due and payable immediately and subject to immediate enforcement by the United States as provided in Section 3613. Furthermore Defendant a to com lete a De artment of Justice Financial Statement no later th the da the guilty plea is entered and provide same to the undersigned AUSA. Defendant also provide all of Defendant's fmancial information the Probation Office and, if requested, o participate in a pre-sentencing debtor's examination. If the Court imposes a schedule o payments, Defendant understands that the schedule of payments is merely a minimum hedule of payments and not the only method, nor a limitation on the methods, available to the nited States to enforce the judgment. If Defendant is incarcerated, Defendant agrees to partie pate in the Bureau of Prisons' Inmate Financial Responsibility Program regardless of whether e Court specifically directs participation or imposes a schedule of payments. Defendant unde ds and agrees that Defendant shall participate in the Treaswy Offset Program until any and all penalties are satisfied and paid in full by Defendant.

6. Transferring and Liquidating Assets. Defendant understands and a Defendant is prohibited from transferring or liquidating any and all assets held or own Defendant as of the date this Plea Agreement is signed. Defendant must obtain prior 'tten approval from the U.S. Attorney's Financial Litigation Unit prior to the transfer or liqui tion of any and all assets after this Plea Agreement is signed and if Defendant fails to do so the Defendant understands and agrees that an unapproved transfer or liquidation of any ass t shall be

Page 2 ofS



deemed a fraudulent transfer or liquidation.

7. Future Direct Contact With Defendant. Defendant and Defendant' attorney acknowledge that if forfeiture, restitution, a fine, or special assessment or any comb in tion of forfeiture, restitution, fine, and special assessment is ordered in Defendant's case that is will require regular contact with Defendant during any period of incarceration, probation, d supervised release. Further, Defendant and Defendant's attorney understand that it is that defense counsel contact the U.S. Attorney's Financial Litigation Unit immediate! after sentencing in this case to confirm in writing whether defense counsel will continue to present Defendant in this case and in matters involving the collection of the financial obligati ns imposed by the Court. If the U.S. Attorney does not receive any written acknowled ent from defense counsel within two weeks from the date of the entry of Judgment in this case, e U.S. Attorney will presume that defense counsel no longer represents Defendant and the Fi ancial Litigation Unit will communicate directly with Defendant regarding collection of the mancial obligations imposed by the Court. Defendant and Defendant's attorney understand an agree that such direct contact with Defendant shall not be deemed an improper ex parte contact ith Defendant if defense counsel fails to notify the U.S. Attorney of any continued legal representation within two weeks after the date of entry of the Judgment in this case.

8. Waivers. Defendant, knowing and understanding all of the matters a:6 resaid, including the maximum possible penalty that could be imposed, and being advised of Defendant's rights to remain silent, to trial by jwy, to subpoena witnesses on Defen t's own behalf, to confront the witnesses against Defendant, and to appeal the conviction and exchange for the U.S. Attorney entering into this plea agreement and accompanying p supplement, hereby expressly waives the following rights (except that Defendant rese right to raise ineffective assistance of counsel claims):

a. the right to appeal the conviction and sentence imposed in this cas , or the manner in which that sentence was imposed, on the grounds set forth in Title 1 , United States Code, Section 3742, or on any ground whatsoever, and

b. the right to contest the conviction and sentence or the manner in sentence was imposed in any post-conviction proceeding, including but not li motion brought under Title 28, United States Code, Section 2255, and any proceeding claiming double jeopardy or excessive penalty as a result of any fo ordered or to be ordered in this case, and

c. any right to seek attorney fees and/or costs under the "Hyde Amen ment," Title 18, United States Code, Section 3006A, and the Defendant acknowledge that the government's position in the instant prosecution was not vexatious, frivolous, r in bad faith, and

d. all rights, whether asserted directly or by a representative, to requ receive from any department or agency of the United States any records perta · ing to the investigation or prosecution of this case, including without limitation any reco that

Page 3 of5



may be sought by Defendant or by Defendant's representative under the Freed m of lnfonnation Act, set forth at Title 5, United States Code, Section 552, or the P ·vacy Act of 1974, at Title 5, United States Code, Section 552a.

e. Defendant further acknowledges and agrees that any factual issues garding the sentencing will be resolved by the sentencing judge under a preponderance of the evidence standard, and Defendant waives any right to a jury detennination of ese sentencing issues. Defendant further agrees that, in making its sentencing deci ion, the district court may consider any relevant evidence without regard to its admissi ility under the rules of evidence applicable at trial.

Defendant waives these rights in exchange for the United States Attorney into this plea agreement and accompanying plea supplement.

9. Prohibition from Elected Public Office or Government Em lo me t. Upon entering a guilty plea, the Defendant agrees to neither run for elected public office nor pply for or be employed by any governmental entity in the future.

10. Suspension, Exclusion and Debarment. The Defendant agrees that h of his companies or affiliated companies will be pennanently suspended, excluded an from any current and future government contracts, either as a prime contractor or sub ontractor, and agrees to cooperate with any government agency in administrative, regulatory or c vii suspension, debannent or exclusion proceedings instituted against the defendant or an of his companies or affiliated companies, including the Defendant's voluntary execution of a Voluntary Exclusion Agreement.

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11. Complete Agreement. It is further understood that this plea agreeme t and the plea supplement completely reflects all promises, agreements and conditions made by and between the United States Attorney's Office for the Southern District of Mississippi a d Defendant.

Defendant and Defendant's attorney of record declare that the terms oft is plea agreement have been:


WITNESS OUR SIGNA!URES, as set forth below.

HAROLD H. BRITTAIN

2 -·--2-S,/S Date

Attorney for Defendant

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PLEA AGREEMENT

Subject United States v. Mark Longoria Criminal No. 3:16cr54 HTW-FKB

To: Thomas M. Fortner Erick M. Lowery, P.A. 525 Corinne Street Hattiesburg, MS 39401

AUG 3- 2016

DEPUTY

From: Darren J. LaMarca Assistant .United States Attorney Southern District of Mississippi

· Criminal Division

Mark Longmia, Defendant herein, and Thomas M. Fortner, attorney for Defen ant, have been notified and understand and agree to the items contained herein, as well as in the lea Supplement, and that:

1. Count of Conviction. It is understood that, as ofthe date ofthis plea a eement, Defendant and Defendant's attorney have indicated that Defendant desires to plead gui ty to the infonnation.

2. Sentence. Defendant understands that the penalty for the offense char ed in the information, charging a violation of Title 18, United States Code, Section 371, is not ore than 5 years in prison; a term of supervised release of not more than 3 years; and a fine up to 250,000. Defendant further understands that if a term of supervised release is imposed, that te will be in addition to any prison sentence Defendant receives; finther, if any of the terms ofDe:D dant's supervised release are violated, Defendant can be returned to prison for the entire term of supervised release, without credit for any time already served on the term of supervise release prior to Defendant's violation oftllOse conditions. It is further understood that the Cout may require Defendant to pay restitution in this matter in accordance with applicable law. efendant further understands that Defendant is liable to make restitution for the full amount oft e loss determined by the Court, to include relevant conduct, which amount is not limited to e count of conviction. Defendant futther understands that if the Court orders Defendant to pay re titution, restitution payments cannot be made to the victim directly but must be made to the Cle of Court, Southern District of Mississippi. Defendant understands that an order offorfei re will be entered by the Cowt as a part of Defendant's sentence and that such order is mandate .

3. Determination of Sentencing Guidelines. It is further understood tha the United States Sentencing Guidelines are advisory only and that Defendant and Defend 1t's attorney have discussed the fact that the Court must review the Guidelines in reaching decision as to the appropriate sentence in this case, but the Court may impose a sentence other an that

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EXHIBIT

I m



indicated by the Guidelines if the Court finds that another sentence would be more ap ropriate. Defendant specifically acknowledges that Defendant is not relying upon anyone's calc Iation of a particular Guideline range for the offense to which Defendant is entering this plea, an recognizes that the Court wiH make the final c{etermination of the sentence and that D fendant may be sentenced up to the maximum penalties set forth above.

4. Breach of This Agreement and Further Crimes. It is further underst od that should Defendant fail or refuse as to any part of this plea agreement or commit any fu her crimes, then, at its discretion, the U.S. Attorney may treat such conduct as a breach of his plea agreement and Defendant's breach shall be considered sufficient grounds for the pursu t of any prosecutions which the U.S. Attorney has not sought as a result of this plea agreement, including any such prosecutions that might !'lave been dismissed or otherwise barred by the Dou le Jeopardy Clause, and any federal criminal violation ofw~ich this office has knowledg .

5. Financial Obligations. It is further understood and specifically agreed to by Defendant that, at the time of the execution of this document or at the time the plea is ntered, Defendant will then and there pay over the special assessment of$1 00.00 per count r uired by Titlel8, United States Code, Section 3013, to the Office ofthe United States District urt Clerk; Defendant shall thereafter produce proof of payment to the U.S. Attorney or the U.S. Probation Office. If the Defendant is adjudged to be indigent, payment of the special ssessment at the time the plea is entered is waived, but Defendant agrees that it may be made pay ble first from any funds available to Defendant while Defendant is incarcerated. Defendant un rstands and agrees that, pursuant to Title 18, United States Code, Section 3613, whatever mon tary penalties are imposed by the Court will be due and payable immediately and subject to immediate enforcement by the United States as provided in Section 3613. Furthenno Defendant a to com lete a De artment of Justice Financial Statement no later tha the guilty plea is entered and provide same to the undersigned AUSA. Defendant also grees to provide all of Defendant's financial informatio11 the Probation Office and, if requested, to participate in a pre-sentencing debtor's examination. If the Court imposes a schedule o payments, Defendant understands that the schedule of payments is merely a minimum chedule of payments and not the only method, nor a limitation on the methods, available to the nited States to enforce the judgment. If Defendant is incarcerated, Defendant agrees to parti ipate in the Bureau of Prisons' Inmate Financial Responsibility Program regardless of whether e Court specifically directs participation or imposes a schedule of payments. Defendant under ands and agrees that Defendant shall participate in the Treasury Offset Program until any and all monetary penalties are satisfied and paid in full by Defendant.

6. Transferring and Liquidating Assets. Defendant understands and a es that Defendant is prohibited from transferring or liquidating any and all assets held or own d by Defendant as of the date this Plea Agreement is signed. Defendant must ob~in prior itten approval from the U.S. Attorney's Financial Litigation Unit prior to the transfer or liqu dation of any and all assets after this Plea Agreement is signed and if Defendant fails to do so th Defendant understands and agrees that an unapproved transfer or liquidation of any ass t shall be deemed a fraudulent transfer or liquidation.

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7. Future Direct Contact With Defendant. Defendant and Defendant' attorney acknowledge that if forfeiture, restitution, a fme, or special assessment or any combin tion of forfeiture, restitution, fine, and special assessment is ordered in Defendant's case that his will require regular contact with Defendant during any period of incarceration, probation, nd supervised release. Further, Defendant and Defendant's attorney understand that it is that defense counsel contact the U.S. Attorney's Financial Litigation Unit immediate! sentencing in this case to confirm in writing whether defense counsel will continue to epresent Defendant in this case and in matters involving the collection of the financial obligati ns imposed by the Court. If the U.S. Attorney does not receive any written acknowled ent from defense counsel within two weeks from the date of the entry of Judgment in this case, he U.S. Attorney will presume that defense counsel no longer represents Defendant and the Fi ancial Litigation Unit will communicate directly with Defendant regarding collection of the mancial obligations imposed by the Court. Defendant and Defendant's attorney understand an agree that such direct contact with Defendant shall not be deemed an improper ex parte contact ith Defendant if defense counsel fails to notify the U.S. Attorney of any continued legal representation within two weeks after the date of entry of the Judgment in this case.

8. Waivers. Defendant, knowing and understanding all of the matters aD including the maximum possible penalty that could be imposed, and being advised of Defendant's rights to remain silent, to trial by jury, to subpoena witnesses on Defenda t's own behalf, to confront the witnesses against Defendant, and to appeal the conviction and ntence, in exchange for the U.S. Attorney entering into this plea agreement and accompanying p supplement, hereby expressly waives the following rights (except that Defendant rese right to raise ineffective assistance of counsel claims):

a. the right to appeal the conviction and sentence imposed in this cas , or the manner in which that sentence was imposed, on the grounds set forth in Title 1 , United States Code, Section 3742, or on any ground whatsoever, and

b. the right to contest the conviction and sentence or the manner in w ich the sentence was imposed in any post-conviction proceeding, including but not li 'ted to a motion brought under Title 28, United States Code, Section 2255, and any typ of proceeding claiming double jeopardy or excessive penalty as a result of any fo ordered or to be ordered in this case, and

c. any right to seek attorney fees and/or costs under the "Hyde Amen ent," Title 18, United States Code, Section 3006A, and the Defendant acknowledges that the government's position in the instant prosecution was not vexatious, frivolous, in bad faith, and

d. · all rights, whether asserted directly or by a representative, to reques or receive from any department or agency of the United States any records perta' ·ng to the investigation or prosecution of this case, including without limitation any recor s that may be sought by Defendant or by Defendant's representative under the Freedo of Infonnation Act, set forth at Title 5, United States Code, Section 552, or the Pr vacy Act of 1974, at Title 5, United States Code, Section 552a.

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e. Defendant further acknowledges and agrees that any factual issue regarding the sentencing will be resolved by the sentencing judge under a preponderan of the evidence standard, and Defendant waives any dght to a jury determination of hese sentencing issues. Defendant further agrees that, in making its sentencing dec sion, the district court may consider any relevant evidence without regard to its admiss'bility under the rules of evidence appJicable at trial.

9. Complete Agreement. It is further understood that this plea agreeme t and the plea supplement completely reflect all promises, agreements and conditions made by nd between the United States Attorney's Office for the Southem District of Mississippi a d Defendant.

Defendant and Defendant's attorney of record declare that the terms oft agreement have been:


WITNESS OUR SIGNATURES, as set forth below.

HAROLD H. BRITTAIN Attorney for the United States Acting Under Authority Conferred by 28 U.S.C. § 515

Thomas M. Fortner Attorney for Defendant

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g - :!> ~. 2.c.ll (.

Date.

C6- 3 -"2..01~ Date


i · pdf file(hereinafter "mdoc") and paid for by the state. (see exhibit...

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